dismissed H-1B Case: Healthcare Administration

identieing data deleted to 
prevent clearly unwarranted 
invasion of penonsl privacy 
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: Date: JUN 2 9 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimrnigrant Worker Pursuant to Section 101 (a)( 1 S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(l S)(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. Wiemann, Chief 
Administrative Appeals Office 
WAC 03 161 51206 
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, a company that operates fifteen residential facilities for adults with mental and 
developmental disabilities, seeks to employ the beneficiary as a medical services director. The petitioner, 
therefore, endeavors to classify the beneficiary as-a nonimmigrant worker in a specialty occupation pursuant 
to section 10 1 (a)( 15)(H)(i)(b) of the-- Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1 lOl(a)(l5)(H)(i)(b). 
The director denied the petition -on two grounds: (1) that the proposed position does not qualify for 
classification as a specialty occupation, arrd (2) that the petitioner had failed to establish that the beneficiary 
qualifies to perform the duties of a specialty occupation. 
The record of proceeding before the AAO contains: (1) the Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence (RFE); (3) the petitioner's RFE response; (4) the 
director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
On appeal, counsel contends that the director erred in denying the petition. Counsel contends that the 
proposed position qualifies for classification as a specialty occupation. Counsel does not address the second 
ground for the denial, i.e., that the beneficiary does not qualify to perform the duties of a specialty 
occupation. 
The AAO will first address the issue of whether or not the proposed position qualifies as a specialty 
occupation. 
Section 2 14(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1 184(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: 
WAC 03 161 51206 
Page 3 
(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 proposed position. 
The petitioner, a company that operates fifteen residential facilities for adults with mental and 
developmental disabilities, was establishes in 1990 and has 77 employees. According to the Form 1-129, 
it has gross annual revenue of $3.5 million. In its April 16,2003 letter of support, the petitioner stated that 
the duties of the proposed position would include coordinating the provision of medical and pharmaceutical 
services and care delivery systems; directing and supervising staff who provide direct clinical, preventive, or 
supportive services; identifLing and establishing program objectives; developing plans to reach program 
objectives; coordinating the efforts of subordinate staff and other service providers in attaining program 
objectives; reviewing each patient's file to ensure compatibility of medical and pharmacological treatments; 
coordinating efforts with other health and human service providers in order to develop additional resources 
for clients, achieve a continuum of care and services, and avoid duplication of efforts; devising and allocating 
budgets for medical and pharmaceutical services and monitoring the expenditure of funds; collecting data and 
maintaining detailed records on program activities and services. The petitioner stated that the beneficiary's 
services would allow individuals to reside, work, and receive treatment within the community more 
efficiently and provide clients with an added level of security. 
The director denied the petition, finding that the petitioner had satisfied none of the four criteria set forth at 
8 C.F.R. 3 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. In ruling that the proposed position is not a specialty occupation, 
the director found that the duties of the proposed position were essentially those of a health services 
manager, specifically those of a nursing home administrator. 
In determining whether a proposed position qualifies as a specialty occupation, CIS looks beyond the title 
of the position and determines, from a review of the duties of the position and any supporting evidence, 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge, and the attainment of a baccalaureate degree in a specific specialty, as the 
minimum for entry into the occupation as required by the Act. The AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
WAC 03 161 51206 
Page 4 
While the petitioner calls its proposed position a medical services director, the duties of the position are 
similar to those of a health services manager as that position is described in the Handbook. The Handbook 
states that the general requirement for a health services manager is a master's degree, but that a bachelor's 
degree is adequate for some entry-level positions in smaller organizations; it also states, "[plhysician's offices 
and some other facilities may substitute on-the-job experience for formal education." Thus, in many 
instances, a health services manager is a specialty occupation. 
The petitioner reports that it has 77 employees apd a gr6ss annual income of $3.5 million. The petitioner 
is not a physician's office, and the AAO is unable to determine whether the proposed position is an 
entry-level position in a smaller organization, as the petitioner has not addressed the size of its facility in 
relation to other companies that operate residential facilities for adults with mental and developmental 
disabilities, or indicated that the position is entry-level. The position of medical services director does not 
appear on the organizational chart submitted by the petitioner. In its brief, the petitioner states that the 
beneficiary will assist the licensed administrator of the petitioner's facilities. The AAO concludes that 
the proposed position is a director at the corporate level and not as an individual director over one of the 
homes. Thus, the educational requirement for the proposed position would be a master's degree. 
Therefore, the proposed position qualifies as a spec(a1ty occupation under the criteria set forth at 
8 C.F.R. fj 214.2(h)(4)(iii)(A)(I), that a baccalaureate or higher degree or its equivalent is the normal 
minimum entry requirement. 
The director also found that the beneficiary is not qualified to provide the services of a specialty 
occupation. Section 214(i)(2) of the Act, 8 U.S.C. fj 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 theirspecialty 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. fj 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. 
WAC 03 161 51206 
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As noted previously, the AAO has determined that the proposed position resembles a health services 
manager, as that occupation is discussed in the Handbook. The petitioner indicated in its letter of support 
that it wishes to hire the beneficiary because she possesses the equivalent of a bachelor's degree in 
pharmacy. 
The AAO determines that the beneficiary is not qualified to perform the duties of a health services 
manager. The petitioner has established that the beneficiary has the equivalent of a baccalaureate degree 
in pharmacy from a U.S. college or university. However, 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, accoi-ding to the Handbook. 
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. 
Therefore, the petitioner must demonstrate that the beneficiary meets the criterion at 
8 C.F.R. 5 214.2(h)(4)(iii)(C)(4), that she has 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 that she has recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
Pursuant to 8 C.F.R. tj 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: 
(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. 
WAC 03 161 51206 
Page 6 
There is no evaluation to indicate that the beneficiary has the equivalent of a master's degree, so she does 
not satisfy the first or third criteria. Nor has any evidence been submitted that would satisfy the second or 
fourth criteria. 
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: 
(i) 
 Recognition of expertise in the specialty occupation by at least two recognized 
authorities in the same specialty oc;cupationl; 
(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 the 
which found that the beneficiary's foreign degree is equivalent to a bachelor's aegree In pharmacy rrom a 
regionally accredited college or university in the United States. The record also contains information 
regarding her previous work experience. 
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. A letter from w~ 
Pharmacy indicates that the beneficiary worked for this com an as a pharmacist from March 2 
at least November 2003. Another letter from theindicates that the beneficiary worked 
for this company as a pharmacist from October 2000 through February 2003. The record also contains 
three letters regarding work performed by the beneficiary while she was pursuing her bachelor's degree. 
These letters state that the beneficiary worked as a hospital apprenticeship trainee and an intern during 
this period of time. 
1 
 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: (I) 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. 5 2 14.2(h)(4)(ii). 
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Page 7 
However, there is no evidence in the record that would allow the AAO to determine whether any of this 
work experience included the theoretical and practical application of specialized knowledge required by 
health services managers; whether it was gained while working with peers, supervisors, or subordinates 
who held a degree or its equivalent in a field related to health services management; and whether the 
beneficiary achieved recognition of expertise in the specialty evidenced by at least one of the five types of 
documentation delineated in sections (i), (ii), (iii), (iv), or (v) of 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5). 
As such, the beneficiary does not qualify under any of the criteria set forth at 
8 C.F.R. $5 214.2(h)(4)(iii)(D)(l), (2), (3), (4), or (9, and therefore by extension does not qualify under 
8 C.F.R. 5 2 14.2(h)(4)(iii)(C)(4). 
As related in the preceding discussion, the petitioner has failed to establish that the beneficiary is 
qualified to perform the duties of the proposed position. Accordingly, the AAO will 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.