dismissed H-1B Case: Healthcare Administration

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBLIC COPY 
' --. 
1 ? 
;r L- 
FILE: WAC 04 092 50997 Office: CALIFORNIA SERVICE CENTER Date: APR O 3 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. 5 1 lOl(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. 
214--r.q 
Robert P. Wiernann, D' ector 
Administrative ~dls Office 
WAC 04 092 50997 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is 
now before the Administrative Appeals Oftice (AAO) on appeal. The appeal will be dismissed. The 
petition will be denied. 
The petitioner is a home healthcare facility and seeks to employ the beneficiary as a medical records 
administrator and to classify her as a nonimmigrant worker in a specialty occupation pursuant to section 
10 1 (a)( 1 S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l S)(H)(i)(b). 
The director denied the petition on the basis that the proposed position does not qualify as a specialty 
occupation. On appeal, counsel submits a brief and additional information stating that the position does 
qualify as a specialty occupation. 
Section 101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
tj 1 10 1 (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. tj 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. tj 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. !j 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 
WAC 04 092 50997 
Page 3 
(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 2 14.2(h)(4)(iii)(A) to mean not just any bachelor's or higher degree, but one in a specific specialty that 
is directly related to the proposed position. 
The record of proceeding before the AAO contains: (1) the Form 1-129 and supporting documentation; 
(2) the director's request for further evidence (RFE); (3) the petitioner's response to the RFE; (4) the 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a medical records administrator. Evidence of the 
beneficiary's duties includes the Form 1-129 petition with attachment and the petitioner's response to the 
director's request for evidence. According to this evidence the beneficiary would plan, develop and 
administer the health information system for the petitioner's health care facility. Specifically, she would: 
implement the philosophy and objectives of the agency. 
collaborate with the supervisors in planning, developing and implementing policies and 
procedures for documenting, storing and retrieving medical records, insurance data, clinical 
and laboratory requests and other information in accordance with established policies and 
health care regulations. 
maintains medical records of the agency and analyzes patient medical data aimed at providing 
quality patient care for home health planning and utilization management. 
codes diseases, operations, diagnoses and treatments in OASIS. 
be responsible for review and evaluation of medical data and will coordinate medical care 
evaluation in response to each patient. 
supervise medical staff in preparing and analyzing medical data to ensure proper 
documentation, utilization and administration of medical data. 
develop in-service educational materials and conduct instructional programs for home health 
care personnel. 
monitor developments and updates on health care programs and assist medical staff in special 
studies or research. 
participate in the development and design of computer software aimed specifically for 
computerized home health information and medical data administration. 
check that the medical records are in accordance with HIPAA compliance policy. 
delegate to medical records clerk and data entry clerks the specific jobs assigned to them. 
maintain flow of medical records and report to departments. 
The petitioner stated that it required a minimum of a bachelor's degree in pharmacy or a related medical 
field for entry into the proposed position. The petitioner stated that the position resembled that of a health 
services manager, as described in the Department of Labor's Occupational Outlook Handbook 
(Handbook). 
WAC 04 092 50997 
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The director denied the petition on the basis that the position was a medical records and health 
information technician, not a medical and health services manager. The director also denied the petition 
on the basis that the beneficiary was not qualified to perform the duties of a specialty occupation because 
she was not licensed as a nursing home administrator and her degree in pharmacy was not relevant to 
either medical records and health information technician positions or medical and health services manager 
positions. 
Although the petitioner initially likened the proposed position to that of a medical and health services 
manager, on appeal, counsel asserts that the position only has some duties similar to those of health 
services managers but that it is not a health services manager position. Counsel asserts that the position is 
that of a medical records administrator, that it is a specialty occupation, and that the duties of the two 
occupations are similar but also distinct from one another. Additionally, counsel asserts that the position 
is not that of a medical and health information technician. 
The petitioner need only satisfy one of the criterion at 8 C.F.R. 214.2(h)(4)(iii)(A) to show that a position 
is a specialty occupation. Upon a thorough review of the record, the AAO finds that the petitioner has not 
established any of the criteria outlined in 8 C.F.R. § 214.2(h)(4)(iii)(A). Therefore, the proposed position 
is not a specialty occupation. 
To determine whether a 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 bachelor's degree in a spec~fic field of study as the minimum for entry 
into the occupation as required by the Act. 
The AAO routinely consults the Handbook for information about the duties and educational requirements 
of particular occupations. The AAO reviewed the petitioner's description of the proposed duties and the 
Handbook's discussion of medical and health services managers and medical records and health 
information technicians and finds that the proposed position most resembles that of a medical records and 
health information technician. 
The duties of the proposed position differ from those of medical and health services managers. 
According to the Handbook, the duties of health services managers include planning, directing, 
coordinating, and supervising the delivery of health care, whether in a large or small facility. The duties 
of one type of health services manager, health information manager, include responsibility for the 
maintenance and security of all patient records. This requires keeping up with current computer and 
software technology and with legislative requirements and developments for record maintenance. In 
addition, health information managers ensure that databases are complete, accurate, and available only to 
authorized personnel. 
The proposed duties closely resemble those of medical records and health information technicians. The 
Handbook indicates that "in small facilities, a credentialed medical records and health information 
technician sometimes manages the [medical records] department." The duties of most medical and health 
information technicians include making sure the patients' initial medical charts are complete; regularly 
communicating with physicians to clarify diagnoses or to obtain additional information; assigning a code 
to each diagnosis and procedure; using computer programs to tabulate and analyze data to improve patient 
care, control costs, provide documentation for use in legal actions, respond to surveys, or use in research 
studies; and supervising health information clerks and transcriptionists. These duties resemble the 
WAC 04 092 50997 
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proposed duties of planning, developing and implementing policies for documenting, storing, and 
retrieving medical records; maintaining the agency's medical records; coding disease, operations, 
diagnoses and treatment; and delegating specific jobs to medical records and entry clerks. According to 
the Form 1-129, the petitioner only employs 20 people. Neither the duty description, nor any other 
evidence of record demonstrates that the beneficiary's medical records/health information duties would 
exceed the competency of a medical records and health information technician. 
To determine whether the position is a specialty occupation, the AAO first turns to the first criterion at 
8 C.F.R. 214.2(h)(4)(iii)(A) - a bachelor's or higher degree, or its equivalent, in a specific field of study is 
normally the minimum requirement for entry into the particular position. The Handbook states the 
following regarding the educational requirements for medical records and health information technician 
positions: 
Medical records and health information technicians entering the field usually have an 
associate degree from a community or junior college. In addition to general education, 
coursework includes medical terminology, anatomy and physiology, legal aspects of 
health information, coding and abstraction of data, statistics, database management, 
quality improvement methods, and computer science. Applicants can improve their 
chances of admission into a program by taking biology, chemistry, health, and computer 
science courses in high school. 
Hospitals sometimes advance promising health information clerks to jobs as medical 
records and health information technicians, although this practice may be less common in 
the future. Advancement usually requires 2 to 4 years of job experience and completion 
of a hospital's in-house training program. 
The Handbook indicates that jobs in this area do not require bachelor's degrees for entry into the field. In 
many cases, advanced knowledge can be acquired on the job and no specialized degree is necessary. 
Individuals may start out as clerks and work their way up into technician positions. As such, the 
petitioner failed to establish that a bachelor's or higher degree, in a specific field of study is the normal 
minimum requirement for entry into the proposed position. 
The AAO turns next to the first alternative prong of the second criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A) - 
a specific degree requirement is common to the industry in parallel positions among similar organizations. 
To determine if a position is a specialty occupation under this criterion, CIS generally considers whether 
or not letters or affidavits from companies or individuals in the industry attest that such companies 
"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. Suva, 712 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). The 
two job announcements the petitioner submits to support this criterion are insufficient evidence of an 
industry-wide specialized bachelor's degree requirement for parallel positions in similar organizations. The 
duties of the New York City job are significantly different than the duties of the proposed position in that they 
involve administration and execution of data management for clinical research being conducted at an Ivy 
League medical school. The duties in the instant case involve the maintenance of patient records in a home 
healthcare facility with 20 employees. The New York City position requires a bachelor's degree, but not in 
any specific field. The job in Boston involves duties and educational requirements significantly distinct from 
those of the proposed position, that is, managing daily operations in the Medical Records, Laboratory, and 
Compliance departments of a large children's hospital and a master's degree in health care administration or a 
WAC 04 092 50997 
Page 6 
related field. These two job announcements do not establish that the proposed position is a specialty 
occupation under the first alternative prong at 8 C.F.R. fj 2 14.2(h)(4)(iii)(A)(2). 
The AAO now turns to the third criterion at 8 C.F.R. fj 214.2(h)(4)(iii)(A) - the employer normally 
requires at least a bachelor's degree or its equivalent, in a specific field of study, for the position. To 
determine whether a petitioner has established this criterion, the AAO generally reviews the petitioner's 
past employment practices, including the histories of those employees who previously held the position, 
as well as their names, dates of employment, and copies of their diplomas. In the instant case, this 
criterion is not a factor as the petitioner has not submitted evidence to establish a consistent history of hiring 
individuals with specialized degrees for similar positions and implies that this a newly created position. 
Finally, the AAO turns to the criteria related to the complexity, uniqueness, or specialized nature of the 
proposed position. A petitioner satisfies the second alternative prong at 8 C.F.R. fj 214.2(h)(4)(iii)(A)(2) 
if it establishes that a particular position is so complex or unique that it can be performed only by an 
individual with a bachelor's degree in a specific field of study. The criterion at 8 C.F.R. 
fj 214.2(h)(4)(iii)(A)(4) requires a petitioner to establish that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a bachelor's or higher degree in a specific field of study. On appeal, counsel asserts that the 
duties of the proposed position are even more complex and specialized than those of other health services 
managers. Without documentary evidence to support counsel's claim that this particular position is more 
complex or specialized than other medical records and health information technician positions, the 
assertions of counsel will not satisfy the petitioner's burden of proof. 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). Counsel further asserts that the director improperly dismissed the 
assertion that the proposed position is so complex and unique that it can only be performed by an 
individual with a specific degree because the assertion was made by counsel and not the petitioner. The 
petitioner asserted in its duty description that the position requires an individual with a degree in 
pharmacy or a related field but does not provide documentation to support this assertion. Going on record 
without supporting documentation is not sufficient to meet the burden of proof in these proceedings. See 
Matter of SofJici, 22 I&N Dec. 1 58, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). 
The director also found that the beneficiary would not be qualified to perform the duties of the proposed 
position if the job had been determined to be a specialty occupation. As the AAO is dismissing the 
appeal because the job is not a specialty occupation, it will not discuss the beneficiary's qualifications. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 13 6 1. The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.