dismissed H-1B Case: Health Services

US. Department of Homeland Security 
20 Massachusetts Avenue, NW, Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 03 234 50070 Office: CALIFORNIA SERVICE CENTER Date: 2 4 
IN RE: 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10l(a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 1 10 l(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. 
Robert P. Wiernann, Director 
Administrative Appeals Office 
WAC 03 234 50070 
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 residential healthcare facility for the elderly that seeks to employ the beneficiary as a health 
services analyst. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 lOl(a>(l5)(H)(i>(b). 
The director denied the petition because the beneficiary is not qualified to perform the duties of the specialty 
occupation. On appeal, counsel submits a brief. - 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1184(i)(l), defines the term 
"specialty occupation" as an occupation that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) 
as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: ,, 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties is so specialized and complex that knowledge required to 
perform the duties is usually associated with the attainment of a baccalaureate or higher 
degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
5 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (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. 
WAC 03 234 50070 
Page 3 
The petitioner is seeking the beneficiary's services as a health services analyst. Evidence of the beneficiary's 
duties includes: the 1-129 petition; the petitioner's ~u&st 11, 2003 letter in support of the petition; and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail: monitoring the quality of health services being delivered by the staff to patients 
and residents to assess if services conform to the health standards established by the petitioner; conducting 
research studies on current innovations and updates and attending conferences and seminars regarding 
residential care, assisted living, rehabilitative and wellness health services to improve the overall efficiency 
and quality of benefits that the petitioner provides; managing all records of the petitioner's inpatients and 
outpatients; evaluating the existing information processing system and assessing its effectiveness and 
developing a new system to improve operating procedures, data storage and retrieval and the petitioner's 
overall workflow and daily activities; overseeing billing and collection procedures; leading budget 
deliberations and planning; preparing reports and recommendations to management in order to establish more 
diligent and accurate standard operating procedures and programs; supervising and participating actively in 
the development and implementation of mechanism and procedural schemes related to hiring, performance 
evaluation and other personnel concerns; and preparing workflow charts, diagrams and procedural bulletins to 
be followed by the petitioner's personnel. The petitioner indicated that a qualified candidate for the job would 
possess a bachelor's degree in any medical-related field. 
The director found that the proffered position was most like a management analyst. The AAO disagrees. 
While the petitioner calls the proffered position a health services analyst, the duties of the position are most 
similar to those of a health services manager. The AAO turns to the criteria at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(l) 
and (2): a baccalaureate or higher degree or its equivalent is the normal minimum requirement for entry into 
the particular position; a degree requirement is common to the industry in parallel positions among similar 
organizations; or a particular position is so complex or unique that it can be performed only by an individual 
with a degree. The AAO routinely consults the Department of Labor's Occupational Outlook Handbook 
(Handbook) for its information about the duties and educational requirements of particular occupations. The 
Handbook states that the general requirement for a health services manager is a master's degree, and a bachelor's 
degree is adequate for some entry-level positions in smaller organizations; it also states, "Physician's offices and 
some other facilities may substitute on-the-job experience for formal education." Therefore, in many instances, a 
health services manager is a specialty occupation. 
The petitioner reports that it has 137 beds, 110 employees, and a gross annual income of approximately $4.1 
million. The petitioner is not a physician's office, nor is the proffered position an entry-level position in a 
smaller organization. Therefore, the educational requirement for the proffered position would be a master's 
degree, and in this case, is a specialty occupation. 
Section 214(i)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 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 bccupation, 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. 
WAC 03 234 50070 
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Pursuant to 8 C.F.R. 8 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(1) 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; 
I 
(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 petitioner is seeking the beneficiary's services as a health services analyst. The AAO has determined that 
the duties of the proffered position are like those of a health services manager. The petitioner indicated in its 
August 11, 2003 letter of support that it wished to hire the beneficiary because she possessed a bachelor's 
degree in nursing and progressively responsible work experience that provided her with "effective 
organizational and planning skills, a keen ability on [sic] person-to-person interaction, a work background 
characterized by stem medical procedures regimentation and exposure to strictly-structured group systems 
and group dynamics in medical and healthcare settings.", The petitioner stated that a qualified candidate 
would have a baccalaureate degree or its equivalent in a medical-related field. 
The director found that the beneficiary was not qualified for the proffered position because the beneficiary's 
education, experience, and training were not equivalent to the master's degree required for most private-sector 
management analysts. As noted, the AAO finds that the position is not a management analyst, but a health 
services manager. The AAO finds that the beneficiary is not qualified to perform the duties of a health 
services manager. The petitioner established that the beneficiary has the equivalent of a baccalaureate degree 
in nursing from a U.S. college or university. Howeve$, the specialty occupation requires a master's degree in 
health services administration, long-term care administration, health sciences, public health, public 
administration, or business administration, according to ihe Handbook. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified to perform an 
occupation that requires a master's degree in health services administration, long-term care administration, 
health sciences, public health, public administration, or business administration. 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 master's degree from a U.S. college or university in any field of study. 
WAC 03 234 50070 
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Therefore, the petitioner must demonstrate that the beneficiary meets the criterion at 8 C.F.R. 
5 214.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 5 214.2(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: 
(I) 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); 
I 
(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 occ*pation as a result of such training and 
experience. 
On appeal, counsel states that the beneficiary's education and experience qualify her to perform the duties of 
the proffered position. Counsel also states that CIS approved previous petitions that were similar to the 
instant petition. 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), in order to 
establish equivalence to a master's degree, the beneficiary must have a baccalaureate degree followed by at 
least five years of experience in the specialty. 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: 
WAC 03 234 50070 
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(i) Recognition of expertise in the specialty occupation by at least two recognized authorities 
in the same specialty occupation1; 
(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 contains an evaluation of the beneficiary's education from Morningside Evaluations and 
Consulting, which found the beneficiary's foreign degree to be equivalent to a bachelor's degree in nursing 
from a regionally accredited college or university in the United States. The record also contains six 
employment letters. 
The AAO now turns to the beneficiary's prior work experience, and whether it included the theoretical and 
practical application of specialized knowledge required by the specialty. Her most recent employer, since 
approximately 1985, indicates that the beneficiary was a teaching assistant, as well as acting "as the school 
nurse as the need has arisen." Previous employers stated that the beneficiary worked as a staff nurse and as a 
registered nurse for various periods. As described by each employer, the beneficiary's duties did not appear 
to involve the theoretical and practical application of health services management. The employers describe 
the beneficiary's duties generically, with no specif;city regarding the beneficiary's daily activities or her level 
of responsibility. Thus, the AAO cannot conclude that the beneficiary's past work experience included the 
theoretical and practical application of a body ofhighly specialized knowledge, which in this case is health 
services management. Furthermore, none of the employers indicate that the beneficiary's work experience 
was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the 
specialty occupation. 
Finally, there is insufficient evidence that the beneficiary has recognition of expertise as required by the 
regulations. 
' Recognized authority means a person or organization with expertise in a particular field, special skills 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; (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. !j 214.2(h)(4)(ii). 
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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. 
Regarding the petitioner's assertion that similar petitions were previously approved, the record of proceeding 
does not contain copies of the visa petitions that the petitioner claims were previously approved. If the 
previous nonimmigrant petitions were approved based on the same assertions that are contained in the current 
record, the approval would constitute clear and gross error on the part of CIS. CIS is not required to approve 
applications or petitions where eligibility has not been demonstrated, merely because of prior approvals that 
may have been erroneous. See, e.g. Matter of Church Scientology International, 19 I&N Dec. 593, 597 
(Comm. 1988). It would be absurd to suggest that CIS or any agency must treat acknowledged errors as 
binding precedent. Sussex Engg. Ltd. v. Montgomery 825 F.2d 1084, 1090 (6th Cir. 1987); cert. denied 485 
U.S. 1008 (1988). 
Furthermore, the AAO's authority over the service centers is comparable to the relationship between the court of 
appeals and the district court. Even if a service center director had approved the nonimrnigrant petitions on 
behalf of the beneficiary, the AAO would not be bound to follow the contradictory decision of a service 
center. Louisiana Philharmonic orchestra v. INS, 2000 WL 282785 (E.D. La.), afd 248 F.3d 1139 (5th Cir. 
2001), cert. denied, 122 S.Ct. 51 (2001). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.