dismissed H-1B Case: Healthcare Administration

ident&ingdata&Mea~ 
prevent clearly unw-ted 
invasion of personal privacy 
PUBLIC copy 
U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 242 5141 1 Office: CALIFORNIA SERVICE CENTER Date: AUG 1 5 2006 
IN RE: 
PETITION: Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
~rnrni~ration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
 his is the decision of the Administrative Appeals Office in your case. All materials 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 04 242 5141 1 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition. The matter is now on appeal 
before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be denied. 
The petitioner is a skilled nursing and rehabilitation facility. It seeks to employ the beneficiary as a 
coordinator for patient support services, health information and medical records, and to classify him as a 
nonimrnigrant 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the ground that the record failed to establish that the proffered position 
qualifies as 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. 
As provided in 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: 
(1) 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) the Form 1-129 and supporting documentation; (2) the 
director's request for evidence (RFE); (3) the petitioner's response to the RFE; (4) the notice of decision; and 
(5) Form I-290B, an appeal brief, and supporting materials. The AAO reviewed the record in its entirety 
before issuing its decision. 
WAC 04 242 5 141 1 
Page 3 
In its initial submission, including the Form 1-129 and an accompanying letter, the petitioner described itself 
as a 99-bed skilled nursing facility providing nursing and rehabilitation services to the elderly. The petitioner 
stated that the facility has been in operation since 1975; has 93 employees including a professional staff of 
registered and vocational nurses; physical, speech, and occupational therapists; dieticians; recreational 
activities and social services workers; restorative certified nursing aides; and management professionals; and 
has a gross annual income of approximately $10 million. The petitioner proposes to hire the beneficiary as a 
coordinator of patient support services, health information, and medical records for a three-year period, at the 
wage rate of $21.00/hour, and listed the duties of the position as follows: 
Formulate a comprehensive, systematic, and scientific health information and management 
program for the entire health care facility. 
Draw up pertinent policies related to the management and use of health information and data 
generated by the records unit. 
Coordinate with the administration in the formulation of policies, regulations, procedures, 
and processes related to the management of personnel attached to the records unit. 
Oversee the management of the daily activities of the unit. 
Formulate action plans aimed at systematizing all record keeping, maintenance, and sharing 
activities. 
Recommend to management more efficient alternative procedures related to information and 
data-gathering. 
Propose to management creative ways to utilize more effectively and efficiently important 
health care information. 
Meet with task forces and committees that utilize data from the unit. 
Meet with the other units of the health care facility to coordinate the gathering and use of 
services rendered by the unit. 
Attend meetings of the management staff and assist in drawing up needed policies, programs 
of action, and strategies needed for a more effective and efficient management of the health 
care facility. 
Write up pertinent reports. 
Coordinate the provision of needed support services by all medical and paramedical units, 
including those involved in the nursing unit. 
Provide liaison work for the unit vis-A-vis the other units of the health care facility. 
The 'beneficiary is qualified for the position, the petitioner declared, by virtue of his bachelor of science in 
medical technology from Centro Escolar University in Manila, the Philippines, awarded on May 15, 1995. 
According to the report of an academic credentials evaluation service in Coral Gables, Florida, the 
beneficiary's degree is equivalent to a bachelor of science in medical technology from an accredited U.S. 
college or university. 
In response to the RFE the petitioner provided a more detailed description of the job duties, and the hours per 
week required by each duty. It reads as follows: 
6 hours: Plan a comprehensive, systematic, and scientific health information and management 
program for the entire health care facility with the end in view of drawing up a short-term, 
medium-term, and long-term program of action for health information utilization and medical 
information management; such a program of action would require the acquisition and setting up 
WAC 04 242 5141 1 
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of necessary software and hardware; the putting in place of continuous training and technology; 
and the translation of these various plans into day-to-day processes and procedures in patient 
support services. 
6 hours: Coordinate with the various units of the nursing center in the formulation of policies, 
regulations, procedures, and processes related to the management of personnel directly involved 
in various activities related to patient support services, health care information, and medical 
records management. 
4 hours: Direct day-to-day health information needs of the nursing center especially in the 
preparation of health information bulletins on a daily basis, preparation of health information 
dissemination materials such as pamphlets and flyers. 
4 hours: Direct the day-to-day medical recording activities of the unit especially those that 
pertain to the basic medical information from residents, symptoms, medical history, examinations 
and laboratory tests, diagnoses, treatment plans and the organization of such information and 
records for completeness and accuracy. 
4 hours: Draw up action plans aimed at systematizing all record keeping, record maintenance, 
and record sharing activities. Create, execute, assess, and evaluate strategies required for a more 
efficient health information management, with the end in view of generating health and medical 
information needed in the service of clients including residents and their families. 
4 hours: Attend and participate in meetings within the unit, among those involved in patient 
support services, and other meetings within the organization. 
4 hours: Implement approaches to the optimization of support services especially along areas of 
coordination with relevant agencies both public and private in terms of meeting the specific needs 
of clients. Implement more efficient alternative procedures related to information and data- 
gathering by constantly assessing the relevance of forms, charts, logs, and other information 
gathering devices and checking whether these are compatible with the needs of medical, 
paramedical, and nursing personnel, and whether they are consistent with existing and planned 
changes in technology. Execute action plans designed to utilize efficiently important health care 
information and the dissemination of such information to the residents, their families, and the 
interested public. 
4 hours: Coordinate the provision of needed support services by all medical and paramedical 
units, including those involved in the nursing unit such as the immediate access to required 
medical information on each patient, admission particulars, discharge schedules, continuing 
treatment schedules, follow-up schedules and records. Coordinate the provision of liaison work 
for the unit vis-h-vis the other units of the health care facility especially in areas related to 
information dissemination and records management. 
4 hours: Write up pertinent reports required by the clients, the nursing center, and other 
institutions and agencies within and outside the nursing facility. 
WAC 04 242 5141 1 
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In his decision the director found that the duties of the proffered position reflect those of a first-line 
administrative services manager, as described in the Department of Labor (D0L)'s Occupational Outlook 
Handbook (Handbook). 2004-05 edition. The director quoted information in the Handbook indicating that a 
bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation. 
The evidence of record, the director determined, failed to establish that the proffered position qualifies as a 
specialty occupation under any of the four criteria enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal the petitioner asserts that the proffered position meets all four of the alternative criteria of a 
specialty occupation at 8 C.F.R. 3 214.2(h)(4)(iii)(A), and refers to previously submitted documentation as 
evidence thereof. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, CIS 
routinely consults the DOL Handbook as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether the Handbook 
indicates a degree is required by the industry; 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 1151, 1165 (D.Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F.Supp. 1095, 1102 
(S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the position at issue, with the 
Handbook's occupational descriptions as a reference, as well as the petitioner's past hiring practices for the 
position. See Shanti, inc. v. Reno, id., at 1165-66. 
In accord with the director's decision, the AAO determines that the duties of the proffered position - 
coordinator of patient support services, health information, and medical records - are those of an 
administrative services manager, as described in the DOL Handbook. The occupation is described, in 
pertinent part, as follows in the Handbook, 2006-07 edition, at 25: 
Administrative services managers perform a broad range of duties in virtually every sector of 
the economy. They coordinate and direct support services to organizations as diverse as 
insurance companies, computer manufacturers, and government offices. These workers 
manage the many services that allow organizations to operate efficiently, such as . . . 
administration . . . information and data processing . . . [and] records management . . . . 
Specific duties for these managers vary by degree of responsibility and authority. First-line 
administrative services managers directly supervise a staff that performs various support 
services. Mid-level managers, on the other hand, develop departmental plans, set goals and 
deadlines, implement procedures to improve productivity and customer service, and define 
the responsibilities of supervisory-level managers . . . . 
In small organizations, a single administrative services manager may oversee all support 
services. In larger ones, however, first-line administrative services managers often report to 
mid-level managers who, in turn, report to owners or top-level managers. As the size of the 
firm increases, administrative services managers are more likely to specialize in specific 
support activities . . . . 
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The petitioner's organizational chart shows that the proffered position is in the patient support services 
division, which is subordinate to the vice president of technical services and support, which in turn is 
subordinate to the senior vice president for information systems/CIO. All three of these positions are below 
the petitioner's top executives. In view of its place in the corporate hierarchy, the AAO agrees with the 
director that the petitioner's coordinator of patient support services, health information, and medical records is 
a first-line administrative services manager, as described in the Handbook. 
With respect to the educational requirements for administrative services directors, the Handbook states as 
follows: 
Educational requirements for these managers vary widely, depending on the size and 
complexity of the organization. In small organizations, experience may be the only 
requirement needed to enter a position as office manager. When an opening in administrative 
services management occurs, the office manager may be promoted to the position based on 
past performance. In large organizations, however, administrative services managers 
normally are hired from outside and each position has formal education and experience 
requirements. Some administrative services managers have advanced degrees. 
Specific requirements vary by job responsibility. For first-line administrative services 
managers of secretarial, mailroom, and related support activities, many employers prefer an 
associate degree in business or management, although a high school diploma may suffice 
when combined with appropriate experience . . . . Managers of highly complex services, such 
as contract administration, generally need at least a bachelor's degree in business, human 
resources, or finance . . . . 
Whatever the manager's educational background, it must be accompanied by related work 
experience reflecting demonstrated ability. For this reason, many administrative services 
managers have advanced through the ranks of their organization, acquiring work experience 
in various administrative positions before assuming first-line supervisory duties . . . . 
Id. at 26. What the Handbook makes clear is that a baccalaureate or higher degree in a specific specialty is 
not the normal minimum requirement for entry into an administrative services manager position. A two-year 
associate degree, or relevant work experience without any educational degree, may suffice for many 
positions. Even for managers of highly complex services, the Handbook indicates that a baccalaureate degree 
in a variety of academic areas would be suitable. Based on the foregoing information, the AAO determines 
that a first-line administrative services manager, like that at issue in this petition, does not meet the first 
alternative criterion of a specialty occupation, at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I), because a baccalaureate or 
higher degree in a specific specialty is not the normal minimum requirement for entry into such a position. 
With regard to the second alternative criterion of a specialty occupation, at C.F.R. 8 214.2(h)(4)(iii)(A)(2), the 
record includes several job postings from other companies. As discussed by the director in his decision, 
however, the companies are in different lines of business from the petitioner and the advertised positions 
differ significantly from the proffered position at issue in this proceeding. The AAO agrees with the director 
that the evidence of record does not show that a degree requirement in a specific specialty is common to the 
petitioner's industry in parallel positions among similar organizations. Nor does the record demonstrate that 
the proffered position is so complex or unique that a degree in a specific specialty is required to perform the 
WAC 04 242 5141 1 
Page 7 
job. The position is not unique, and the record does not show it to be unusually complex or beyond the scope 
of a typical first-line administrative services manager. The petitioner has not established that the subject 
matter of the job, or any other aspect of the position, cannot be performed by an individual with relevant work 
experience at a healthcare facility andor an education that does not include a baccalaureate degree in a 
specific specialty. Accordingly, the proffered position does not qualify as a specialty occupation under either 
prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
As for the third alternative criterion of a specialty occupation, at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3), the 
proffered position is newly created and the petitioner has no hiring history. Therefore, the petitioner cannot 
show that it normally requires a specialty degree or its equivalent for the position. The AAO notes, in 
addition, that the petitioner's job notice for the position, submitted with the petition, does not state that any 
educational degree is required. Accordingly, the proffered position does not qualify as a specialty occupation 
under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the record does not establish that the duties of the proffered position are so specialized and complex 
that they require knowledge usually associated with a baccalaureate or higher degree in a specific specialty. 
The job is not a high-level management position since there are multiple layers of authority above the 
proffered position. As far as the record shows, the nature of the duties does not involve such specialization 
and complexity that they could not be performed by an individual with an associate degree, a baccalaureate 
degree in an unrelated field, and/or relevant work experience at a healthcare facility that is not equivalent to a 
baccalaureate degree in a specialty. The AAO determines that the position does not qualify as a specialty 
occupation under the fourth alternative criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). 
For the reasons discussed above, the record does not establish that the proffered position meets any of the 
criteria set forth in 8 C.F.R. 5 214.2(h)(4)(iii)(A) to qualify as a specialty occupation. The petitioner has not 
established that the beneficiary will be coming temporarily to the United States to perform services in a 
specialty occupation, as required under section lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 
5 1 101 (a)(l S)(H)(i)(b), and 8 C.F.R. 5 2 14.2(h)( l)(ii)(B). 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 5 1361. The 
petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision denying 
the petition. 
ORDER: The appeal is dismissed. The petition is denied.