dismissed H-1B Case: Health Care Administration

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal phy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: WAC 02 198 5 1264 Office: CALIFORNIA SERVICE CENTER Date: AUG 2 1 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Administrative ~~~eals~~ffice 
WAC 02 198 5 1264 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be denied. 
The petitioner is a health care center that seeks to employ the beneficiary as an associate administrator. The 
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
9 lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the duties of a specialty 
occupation. On appeal, counsel submits a brief. 
Section 214(i)(2) of the Act, 8 U.S.C. 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty 
occupation from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or 
university; 
(3) Hold an unrestricted state license, registration or certification which authorizes him 
or her to fully practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
(4) Have education, specialized training, and/or progressively responsible experience 
that is equivalent to completion of a United States baccalaureate or higher degree in 
the specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
The record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an associate administrator. The petitioner indicated that 
a qualified candidate for the job would possess a bachelor's degree in nursing. 
The director found that the beneficiary was not qualified for the proffered position, which the director 
determined to be that of a particular type of medical and health services manager, namely, a nursing home 
WAC 02 198 51264 
Page 3 
administrator. The director denied the petition based on his determination that the beneficiary lacked a 
Nursing Home Administrator License from the State of California and a master's degree in an appropriate 
specialty. On appeal, counsel states, in part, that the beneficiary is qualified for the position because she holds 
a bachelor's degree in nursing (BSN), and that the Department of Labor's Occupational Outlook Handbook 
(Handbook) finds a BSN sufficient for an administrator of a nursing home facility. Counsel states further that 
the Handbook indicates that supervisory nurses with administrative abilities may fill the position of a nursing 
home administrator. Counsel also states that the beneficiary also holds a vocational nurse license issued by 
the State of California, and that this license allows the beneficiary to manage and direct the nursing home 
facility. 
On appeal, a petitioner cannot offer a new position to the beneficiary, or materially change a position's title, 
its level of authority within the organizational hierarchy, or the associated job responsibilities. The petitioner 
must establish that the position offered to the beneficiary when the petition was filed merits classification as a 
managerial or executive position. Matter of Michelin Tire Corp., 17 I&N Dec. 248, 249 (Reg. Comm. 1978). 
A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to 
CIS requirements. See Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Comm. 1998). In this case, the 
evidence of record, including the petitioner's organizational chart, indicates that the proffered position is that 
1 of an associate administrator, as opposed to that of a nursing home administrator. 
The AAO concurs with counsel that the proffered position is a medical and health services manager position. 
Under the category of Medical and Health Services Managers, the Handbook, 2006-2007 edition, states: 
A master's degree in health services administration, long-term care administration, health sciences, 
public health, public ahnistration, or business administration is the standard credential for most 
generalist positions in this field. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified to perfom an 
occupation for which a master's degree in health services administration, long-term care administration, 
health sciences, public health, public administration, or business administration is required. In this case, the 
beneficiary does not hold a master's degree from an accredited U.S. college or university in any field of 
study, or a foreign degree determined to be equivalent to a U.S. master's degree in health services 
administration, long-term care administration, health sciences, public health, public administration, or 
business administration. Therefore, the petitioner must demonstrate that the beneficiary meets the criterion at 
8 C.F.R. 8 214.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 9 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a United States 
baccalaureate or higher degree shall be determined by one or more of the following: 
' The AAO notes that if the proffered position were that of a nursing home administrator, as argued by 
counsel, the beneficiary would not be qualified to serve in that position. The State of California requires that 
its nursing home administrators be licensed as such (California Health and Safety Code sections 1416.2(5) 
and 1416.6), and licensing requirements include a master's degree in nursing home administration or a related 
health administration field. (California Health and Safety Code section 1416.22(a)(l)). 
WAC 02 198 51264 
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(1) An evaluation from an official who has authority to grant college-level credit for training 
and/or experience in the specialty at an accredited college or university which has a program 
for granting such credit based on an individual's training and/or work experience; 
(2) The results of recognized college-level equivalency examinations or special credit programs, 
such as the College Level Examination Program (CLEP), or Program on Noncollegiate 
Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes in 
evaluating foreign educational credentials; 
(4) Evidence of certification or registration from a nationally-recognized professional association 
or society for the specialty that is known to grant certification or registration to persons in the 
occupational specialty who have achieved a certain level of competence in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the specialty 
occupation has been acquired through a combination of education, specialized training, 
and/or work experience in areas related to the specialty and that the alien has achieved 
recognition of expertise in the specialty occupation as a result of such training and 
experience. 
The record contains an evaluation from a company that specializes in evaluating academic credentials, whose 
evaluator concluded that the beneficiary possesses the equivalent of a Bachelor of Science in Nursing (BSN) 
degree from an accredited U.S. university. On appeal, counsel states that the beneficiary also holds a foreign 
master's degree in guidance and counseling. The record, however, does not contain an evaluation of the 
beneficiary's foreign master's degree from a service that specializes in evaluating foreign educational 
credentials as required by 8 C.F.R. 5 214.2(h)(4)(iii)(D)(3). Further, the petitioner has not demonstrated that 
the beneficiary's foreign degrees are the equivalent to the required master's degree in health services 
administration, long-term care administration, health sciences, public health, public administration, or 
business administration. 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the 
alien lacks. It must be clearly demonstrated that the alien's training and/or work experience included the 
theoretical and practical application of specialized knowledge required by the specialty occupation; that the 
alien's experience was gained while working with peers, supervisors, or subordinates who have a degree or its 
equivalent in the specialty occupation; and that the alien has recognition of expertise in the specialty 
evidenced by at least one type of documentation such as: 
(i) Recognition of expertise in the specialty occupation by at least two recognized 
authorities in the same specialty occupation2; 
2 Recognized authority means a person or organization with expertise in a particular field, special slulls or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's 
opinion must state: (1) the writer's qualifications as an expert; (2) the writer's experience giving such 
opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; 
WAC 02 198 51264 
Page 5 
(ii) Membership in a recognized foreign or United States association or society in the 
specialty occupation; 
(iii) Published material by or about the alien in professional publications, trade journals, 
books, or major newspapers; 
(iv) Licensure or registration to practice the specialty occupation in a foreign country; or 
(v) Achievements which a recognized authority has determined to be significant 
contributions to the field of the specialty occupation. 
The record also contains copies of the beneficiary's registered nurse license issued by the Philippines and her 
vocational nurse license issued by the State of California. This documentation does not establish that the 
beneficiary has the required master's degree in health services administration, long-term care administration, 
health sciences, public health, public administration, or business administration. 
The AAO now turns to whether the evidence of the beneficiary's prior work experience clearly demonstrated 
that it included the theoretical and practical application of specialized knowledge required by the specialty. In 
a letter dated April 18, 2002, the petitioner's senior vice-president states, in part, that the beneficiary has over 
four years of related employment experience in the Philippines. The record, however, contains no evidence of 
this employment experience, such as letters from the foreign employers. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Sofici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comrn. 1972)). The record also contains no evidence that the peers, supervisors, or 
subordinates with whom the beneficiary worked held a degree or its equivalent in the specialty occupation. 
Furthermore, the record contains no evidence of the recognition of expertise required by 
8 C.F.R. 8 2 14.2(h)(4)(iii)@)(5). 
In short, the record provides no basis for disturbing the director's decision. The petitioner failed to establish 
that the beneficiary is qualified to perform services in a specialty occupation according to the standards of 
8 C.F.R. $5 214.2(h)(4)(iii)(C) and (D). 
As related in the discussion above, the petitioner has failed to establish that the beneficiary is qualified to 
perform the duties of the proffered position. Accordingly, the AAO shall not disturb the director's denial of 
the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 8 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied. 
(3) how the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of 
any research material used. 8 C.F.R. 5 214.2(h)(4)(ii).