dismissed H-1B Case: Healthcare

identifying data deleted to 
prevent clearly miwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 023 50616 Office: CALIFORNIA SERVICE CENTER Date: JUL 1 4 2006 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 10 1 (a)(l S)(H)(i)(b) 
INSTRUCTIONS : 
Thls 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. Wiemann, Chief 
Administrative Appeals Office 
WAC 04 023 506 16 
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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 skilled nursing facility that seeks to employ the beneficiary as an administrative assistant. It 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 
10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(l S)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief asserting that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10l(a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 lOl(a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant to 8 C.F.R. 5 214.2(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; 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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. 
g 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) the 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) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an administrative assistant. 
 Evidence of the 
beneficiary's duties was included with the Form 1-129 petition and in response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Provide technical support to the administrator by keeping and coordinating clients visitation, 
meetings, appointments and travel arrangements; 
Manage multiple telephone lines during business hours; 
Assist incoming clients and prospective patients; 
Write official letters, reports, and correspondence; 
Operate personal computers, work processors, duplicating machines, audio-recording and 
other office machines; 
Maintain administrative records; and 
Gather and analyze data pertaining to administrative operations and make reports and 
recommendations to the abnistrator. 
The duties of the proffered position were set forth in greater detail in the petitioner's response to the director's 
request for evidence. The petitioner does not state that it requires a degree in any particular specialty for entry 
into the proffered position, but finds the beneficiary qualified for the position by virtue of her foreign 
education which has been determined by a credentials evaluation service to be equivalent to a bachelor's 
degree in elementary education from an accredited college or university in the United States. 
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Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation.. The AAO routinely consults the Department of Labor's Occupational Outlook 
Handbook (Handbook) for information about the duties and educational requirements of particular 
occupations. The duties of the proffered position are essentially those noted for executive secretaries and 
administrative assistants. The Handbook notes that training for these positions ranges from high school 
vocational educational programs to a baccalaureate level education. It is clear, however, that while bachelor's 
degrees and professional certifications are becoming increasingly important, a bachelor's degree or higher in 
a specific specialty is not the minimum requirement for entry into the offered position. Accordingly, the 
petitioner has failed to establish the criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(I). 
The petitioner asserts that a degree requirement in a specific specialty is common to the industry in parallel 
positions among similar organizations, and in support of that assertion submits several job advertisements for 
administrative assistants. These advertisements do not establish the petitioner's assertion. Four of the five 
advertisements submitted indicate that a degree is required. The advertisements do not indicate, however, that 
a degree in a specific specialty is required for the position. One advertisement states that a college degree is 
preferred, but not required. The petitioner also makes reference to the Department of Labor's job zone 
category and associated SVP rating for administrative assistant positions. The petitioner's assertions in this 
regard are not persuasive. Neither the DOT'S SVP rating nor a Job Zone category indicate that a particular 
occupation requires the attainment of a baccalaureate or higher degree, or its equivalent, in a specific specialty 
as a minimum for entry into the occupation. An SVP rating and Job Zone category are meant to indicate only 
the total number of years of vocational preparation required for a particular position. Neither classification 
describes how those years are to be divided among training, formal education, and experience, nor specifies 
the particular type of degree, if any, that a position would require. The petitioner has failed to establish the 
referenced criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2). 
The petitioner does not state that it normally requires a degree in a specific specialty for entry into the 
proffered position, and offers no evidence in this regard. The petitioner has failed to establish the criterion at 
8 C.F.R. 9 214.2(h)(4)(iii)(A)(3). 
The petitioner has not established that the nature of the specific duties is so specialized and complex that 
knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher 
degree in a specific specialty. Nor has it established that the duties of the offered position are so complex or 
unique that they can only be performed by an individual with a degree in a specific specialty. The duties of 
the offered position are routine in the industry for administrative assistants. Those duties are normally 
performed by individuals with less than a baccalaureate level education. The petitioner has failed to satisfy 
the referenced criteria at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2) or (4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
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The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
3 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.