dismissed H-1B Case: Healthcare

identifying data deleted to 
prevent i: .riz warranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
FILE: LIN 04 153 55736 Office: NEBRASKA SERVICE CENTER Date: AUG 0 7 2006 
IN RE: 
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. 8 1 10 1 (a)(l S)(H)(i)(b) 
ON BEHAL,F OF PETITIONER: 
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. 
LIN 04 153 55736 
Page 2 
DISCUSSION: The service center director denied the nonirnrnigrant 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 provides comprehensive home health care to older, disabled, and convalescent persons. It seeks 
to employ the beneficiary as a quality assurance coordinator. The petitioner endeavors to classify the 
beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 5 lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 4 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation and the 
beneficiary is not qualified to perform a specialty occupation. On appeal, counsel submits a brief and an 
expert opinion letter. 
The AAO will first address the director's conclusion that the position is not a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 11 84(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. 4 214.2(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. 
LIN 04 153 55736 
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The petitioner is seeking the beneficiary's services as a quality assurance coordinator. Evidence of the 
beneficiary's duties includes: the 1-129 petition; the petitioner's undated 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: analyzing the petitioner's current practices; interpreting and implementing 
quality assurance standards; interviewing medical caregivers and patients in order to implement, evaluate, and 
properly maintain the petitioner's quality assurance program; performing quality assurance review and 
evaluation of medical records; and writing related reports. The petitioner indicated that a qualified candidate 
for the job would possess a bachelor's degree in nursing. 
The director found that the proffered position was not a specialty occupation because the petitioner had not 
demonstrated that it requires a bachelor's degree in a specific specialty. The record also indicates that the 
petitioner failed to establish any of the criteria found at 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that the evidence of record contains letters from the following individuals 
as evidence that the proffered position requires a bachelor's degree or higher in a specific specialty: the 
petitioner's administrator; a quality assurance coordinator of a similar business; and a Filipino municipal 
health officer. As further evidence, counsel submits on appeal an expert opinion letter fiom C.E.I.E. 
Specialists, Inc., whose evaluator concludes that the minimum requirement for the proffered position is a 
bachelor's degree in nursing. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. $ 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO turns first to the criteria at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(I) 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. 
Factors often considered by CIS when determining these criteria include: whether the Department of Labor's 
Occupational Outlook Handbook (Handbook) reports that the industry requires a degree; whether the industry's 
professional association has made a degree a minimum entry requirement; and whether letters or affidavits from 
firms or individuals in the industry attest that such firms "routinely employ and recruit only degreed individuals." 
See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1 151, 1 165 (D. Minn. 1999)(quoting Hird/Blaker Cop. v. Sava, 712 F. 
Supp. 1095,1102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for its information about the duties and educational requirements of 
particular occupations. The AAO does not concur with counsel that the proffered position is a specialty 
occupation. In her August 30, 2004 response to the director's request for additional evidence, the petitioner's 
administrator describes the proposed duties as: implementing a quality assurance program including education 
programs, orientation programs and plans, and competency programs for all clinical services; developing, 
implementing, coordinating, and evaluating the performance improvement program; and ensuring that the 
petitioner complies with all federal and state regulatory requirements and standards. The proposed duties are 
similar to those of a registered nurse position, as described in the Handbook, 2006-2007 edition. In its 
Handbook, the DOL states the following about the training and educational requirements for registered nurse 
positions: 
LIN 04 153 55736 
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There are three major educational paths to registered nursing: a bachelor's of science degree 
in nursing (BSN), an associate degree in Nursing (A.D.N.), and a diploma. . . . Generally, 
licensed graduates of any of the three types of educational programs qualify for entry-level 
positions as staff nurses. 
[Slome career paths are open only to nurses with a bachelor's or master's degree. A 
bachelor's degree often is necessary for administrative positions, and it is a prerequisite for 
admission to graduate nursing programs in research, consulting, and teaching, and all four 
advanced practice nursing specialties - clinical nurse specialists, nurse anesthetists, nurse 
midwives, and nurse practitioners. 
Some RNs start their careers as licensed practical nurses or nursing aides, and then go back to 
school to receive their RN degree. Most RNs begin as staff nurses, and with experience and 
good performance often are promoted to more responsible positions. 
No evidence in the Handbook indicates that a baccalaureate or higher degree, or its equivalent, is normally 
required for a registered nurse job. 
The record contains an opinion letter from the director of C.E.I.E. Specialists, Inc., a company that specializes 
in evaluating academic credentials, who asserts that the proffered position requires a minimum of a bachelor's 
degree in nursing. The opinion rendered by the evaluator is not probative. Despite his experience in preparing 
credential evaluation reports, neither his advisory opinion report nor any other evidence of record 
substantiates that he is qualified as an expert on the hiring practices and recruitment of healthcare quality 
assurance coordinators. The record does not indicate that the evaluator has adequate knowledge of the 
particular issue here. He does not demonstrate knowledge of the petitioner's particular business operations. 
He does not relate any personal observations of those operations or of the work that the beneficiary would 
perform, nor does he state that he has reviewed any projects or work products related to the proffered 
position. Further, although the evaluation also contains the names -- - as corroborating evaluators, the evaluation does not contain their signatures. Thus, the AAO 
must question whether the opinions expressed by the director of C.E.I.E. Specialists, Inc. are also the views of 
urther, resumes are not included, and neither of 
these individuals appears on C.E.I.E.'s list of "Principals, Advisors and Resource Professionals." Further, the 
opinion on the degree requirement is conclusory. It provides no factual basis and no analytical discussion of 
how the ultimate opinion and the associated findings, including that "U.S. healthcare standards require 
professionals with B.S. Nursing degrees," were reached. Accordingly, the opinion is neither helpful nor 
probative on the evaluation of any of the specialty occupation criteria. CIS may, in its discretion, use as 
advisory opinions statements submitted as expert testimony. However, where an opinion is not in accord with 
other information or is in any way questionable, CIS is not required to accept or may give less weight to that 
evidence. Matter of Caron International, 19 I&N Dec. 79 1 (Comm. 1988). 
The record also contains a letter from a quality assurance coordinator of a similar business who asserts that 
the proffered position requires a bachelor's degree in nursing or an equivalent thereof, and that this 
requirement is industry wide. The writer, however, does not provide any evidence in support of her assertion 
or rely on industry surveys, data or other documentation to reach the conclusion that the position requires a 
bachelor's degree in a field related to nursing. Going on record without supporting documentary evidence is 
not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Soflci, 22 I&N 
LIN 04 153 55736 
Page 5 
Dec. 158, 165 (Comm. 1998)(citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 
1972)). The Handbook is a compilation of results of nationwide industry questionnaires, surveys and personal 
interviews by the DOL, and indicates that there is no specific degree requirement for entry into the field. The 
AAO may, in its discretion, use as advisory opinions statements submitted as expert testimony. However, 
where an opinion is not in accord with other information or is in any way questionable, the AAO is not 
required to accept or may give less weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 
(Comm. 1988). 
The record also contains a statement from a Filipino municipal health officer certifling the beneficiary's 
employment as a public health nurse and a quality assurance coordinator in the Philippines. Counsel asserts 
that this information demonstrates that the proffered position requires a bachelor's degree or higher in a 
specific specialty, or an equivalent thereof. Counsel, however, does not explain how the beneficiary's foreign 
employment demonstrates that the proffered position requires a bachelor's degree in nursing. Without 
documentary evidence to support the claim, the assertions of counsel will not satisfy the petitioner's burden of 
proof. The unsupported assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533, 534 (BIA 1988); Matter of Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N 
Dec. 503,506 (BIA 1980). 
Regarding parallel positions in the petitioner's industry, the petitioner also submitted Internet job postings for 
positions related to healthcare quality assurance coordinators. There is no evidence, however, to show that the 
employers issuing those postings are similar to the petitioner, or that the advertised positions are parallel to 
the instant position. The advertisements are for nursing-related positions at hospitals/medical centers, a 
community health organization covering a large geographical area in Canada, and a not-for-profit 
organization comprising two hospitals and a physician network. The petitioner has not demonstrated that the 
proposed duties of the proffered position are as complex as the duties described in the advertised positions, 
such as managing and completing a wide variety of clinical projects for the Okanagan Health Service Area by 
conducting research, compiling and reporting on findings, creating documents and reports, and preparing 
work for specific projects identified by the Okanagan Health Service Area Leadership Team. Thus, the 
advertisements are not probative. 
The record also does not include any evidence from fms, individuals, or professional associations regarding 
an industry standard, or documentation to support the complexity or uniqueness of the proffered position; and 
the duties that comprise the proffered position, such as performing quality assurance review and evaluation of 
medical records and writing related reports, are routine to a registered nurse position and do not establish the 
position as sufficiently unique or sufficiently complex to require a bachelor's degree level of knowledge in a 
specific specialty. The petitioner, therefore, has not established the criteria set forth at 
8 C.F.R. 4 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. On appeal, counsel states that the record contains a letter, dated August 
30, 2004, from the petitioner's administrator, who states that the petitioner normally requires a related bachelor's 
degree for the proffered position. The record, however, does not contain any evidence of the petitioner's past 
hiring practices and therefore, the petitioner has not met its burden of proof in this regard. 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. Cornm. 1972)). Further, the petitioner's creation of a position with a 
LIN 04 153 55736 
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perfunctory bachelor's degree requirement will not mask the fact that the position is not a specialty 
occupation. CIS must examine the ultimate employment of the alien, and determine whether the position 
qualifies as a specialty occupation. Cf. Defensor v. Meissner, 201 F. 3d 384 (5h Cir. 2000). The critical 
element is not the title of the position or an employer's self-imposed standards, but whether the position 
actually requires the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into the 
occupation as required by the ~ct.' To interpret the regulations any other way would lead to absurd results: if 
CIS were limited to reviewing a petitioner's self-imposed employment requirements, then any alien with a 
bachelor's degree could be brought into the United States to perform a menial, non-professional, or an 
otherwise non-specialty occupation, so long as the employer required all such employees to have 
baccalaureate or higher degrees. See id. at 388. 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(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. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. As described, the proposed duties appear no more specialized and complex than those 
general duties which the Handbook attributes to the general occupational category of registered nurses, for which 
the Handbook does not indicate a normal requirement for or usual association with at least a bachelor's degree 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 5 2 1 4.2(h)(4)(iii)(A)(4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. 
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 fiom 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 
1 
The court in Defensor v. Meissner observed that the four criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) present 
certain ambiguities when compared to the statutory definition, and "might also be read as merely an additional 
requirement that a position must meet, in addition to the statutory and regulatory definition." See id. at 387. 
LIN 04 153 55736 
Page 7 
(4) Have education, specialized training, andlor 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 director also found that the beneficiary was not qualified to perform a specialty occupation. On appeal, 
counsel states, in part, that the record contains evidence that the beneficiary's bachelor's degree in nursing and 
related employment experience qualify her for the proffered position. As discussed above, no evidence in the 
Handbook indicates that a baccalaureate or higher degree, or its equivalent, is required for a registered nurse 
position. In this case, the petitioner has not demonstrated that the proffered position exceeds that of a nurse at an 
associate degree level. The record contains copies of the beneficiary's foreign bachelor's degree in nursing and 
correspondent transcripts. As such, the petitioner has demonstrated that the beneficiary is qualified to perform 
the duties of the proffered position. The petition may not be approved, however, because the proffered 
position is not a specialty occupation. 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. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.