dismissed H-1B Case: Information Technology

identibing data deleted to 
prevent clearly unwarranted 
invasion of pemnal plivacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and I~llnnigration 
Services 
PUBLIC COPY 
FILE: EAC 04 223 53045 Office: VERMONT SERVICE CENTER Date: 
IN RE: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 l(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 furtb,er inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
EAC 04 223 53045 
Page 2 
DISCUSSION: The director of the Vermont Service Center denied the nonimrnigrant 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 operates a retail and web-based wireless and cellular store, was established in 1998, and has 6 
employees. It seeks to employ the beneficiary as a full-time programmer analyst pursuant to section 
lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 6 1 101(a)(l5)(H)(i)(b). The 
director denied the petition based on his determination that the proffered position was not a specialty 
occupation and that the beneficiary was not qualified to perform the services of a specialty occupation. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation;. 23 the 
 , 
% 
director's request for evidence (RFE); (3) the petitioner's response to the director's RFE, dated Septem "e 24,' 
2004; (3) the director's denial letter; and (4) Form I-290B, with the petitioner's brief and new and previously 
submitted evidence. 
The first issue before the AAO is whether the proffered position qualifies as a specialty occupation. To meet 
its burden of proof in this regard, a petitioner must establish that the job it is offering to the beneficiary meets 
the following statutory and regulatory requirements. 
Section 2 14(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 1 84(i)(l) defines the term 
"specialty occupation" as one that requ&es: 
(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. 5 214.2(h)(4)(ii) as: 
An 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, physiql 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. 
 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; 
EAC 04 223 53045 
Page 3 
(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 above criteria to mean not just 
any baccalaureate or higher degree, but one in a specific specialty that is directly related to the proffered 
position. 
In order to determine whether a position is a specialty occupation, CIS must examine the ultimate employment 
of the alien. To determine whether a particular job qualifies as a specialty occupation, CIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of the 
petitioning entity's business operations, are factors to be considered. CIS must examine the ultimate 
employment of the alien, and determine whether the position qualifies as a specialty occupation. CJ: 
Defensor v. Meissner, 201 F.3d 384 (5~ Cir. 2000). The critical element is not the title of the position nor 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 Act. 
The petitioner states that it is seelung the beneficiary's services as a Programmer Analyst. Evidence of the 
beneficiary's duties includes: the Form 1-129, and petitioner's response to the director's request for evidence 
(WE). 
At the time of filing, the petitioner indicated the duties of the proposed position as follows: 
Develop and implement a new sales module on the web; 
Develop and implement MIS to make it a self-run high tech store; 
Develop a telesales reporting system; 
Develop a system to reduce the number of chage backs; 
Develop, implement and manage the low cost inventory system; 
Develop a system to plug the loopholes of commission and spiffs; 
Develop a system to make available usage on the net for customers; 
Develop a system which can present a full flow of information from Call Center to execution to 
charge backs to commission to customer service to save money on multiple systems; 
Achieve the final goal of making a self-run high tech store with one person at the helm of its 
affairs for every $1 million of sales. 
EAC 04 223 53045 
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In response to the RFE, the petitioner stated that the duties of the proffered position would require the 
beneficiary to: 
Research and analyze the processes of clients and determine their process re-engineering 
needs, including analysis of currently existing information systems and on-going 
information systems enhancement projects for various sales modules; 
Consult with clients regarding their Enterprise Resources Planning and suggest alternate 
and more efficient or optimal models for implementation; 
Design new process structures and implement them; 
Research, design and develop information systems, for harnessing the component parts of 
the newly-engineered processes in conjunction with hardware choices, for medical, 
industrial, communications, scientific, engineering, commercial and financial 
applications which require use of advanced computational and quantitative 
methodologies; 
Apply principles and techniques of Enterprise and Project Planning and quantitative 
methodology & techniques to determine feasibility of design within time and cost 
constraints; 
Analyze the communications, informational, database and programming requirements of 
clients; 
Plan, develop, design, test and implement appropriate information systems; 
Review existing information systems to determine compatibility with projected or 
identified client needs; 
Research and select appropriate systems, including ensuring forward compatibility of 
existing systems; and 
Train clients on use of information systems and provide technical and de-bugging 
support. 
In its response to the director's request for further evidence, the petitioner expanded the beneficiary's duties, 
adding items such as: design new processes, research and analyze clients' processes, apply principles and 
techniques of enterprise resources, enterprise resource planning for clients, and train clients on use of 
information systems. In sum, the initial description appeared to have changed from essentially system 
development and implementation for the petitioner to system design, research and analyses, and training for 
clients of the petitioner. 
The purpose of the request for evidence is to elicit further information that clarifies whether eligibility for the 
benefit sought has been established. 8 C.F.R. 103.2(b)(8). When responding to a request for evidence, a 
petitioner cannot offer a new position to the beneficiaryj or materially change a position's title, its level of 
authority within the organizational hierarchy, or its associated job responsibilities. The petitioner must 
establish that the proffered position exists when the petition is filed and merits classification as a specialty 
occupation. Matter of Michelin Tire Corp., 17 I&N Dec. 248, 249 (Reg. Comm. 1978). If significant changes 
are made to the initial request for approval, the petitioner must file a new petition rather than seek approval of 
a petition that is not supported by the facts in the record. The information provided by the petitioner in its 
response to the director's request for further evidence did not clarify or provide more specificity to the original 
duties of the position, but rather added new generic duties to the job description. Therefore, the analysis of 
this criterion will be based on the job description submitted with the initial petition. 
EAC 04 223 53045 
Page 5 
To determine whether the duties described at the time of filing are those of a specialty occupation, the AAO 
first considers the criteria at 8 C.F.R. 214.2(h)(4)(iii)(A)(I)& (2): a baccalaureate or higher degree or its 
equivalent is the normal minimum requirement for entry into the particular position; factors considered by the 
AAO when determining these criteria include: whether the Department of Labor's (DOL) Occupational 
Outlook Handbook (Handbook), on which the AAO routinely relies for the educational requirements of 
particular occupations, 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 115 1, 1165 (D. Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. 
Supp. 1095, 1102 (S.D.N.Y. 1989)). 
The AAO turns first to a consideration of the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I), that a 
baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the 
particular position. The AAO finds that the duties of the position as initially described are comparable to 
those of a computer programmer. The 2006-2007 Internet version of the Handbook's description of 
computer programmer, at http://www .bls.gov/oco/ocos 110. htm, states: 
Computer programmers write, test, and maintain the detailed 
instructions, called programs, that computers must follow to perform 
their functions. Programmers also conceive, design, and test logical 
structures for solving problems by computer. Many technical 
innovations in programming-advanced computing technologies and 
sophisticated new languages and programming tools-have redefined 
the role of a programmer and elevated much of the programming work 
done today. Job titles and descriptions may vary, depending on the 
organization. In this occupational statement, computer programmers are 
individuals whose main job function is programming; this group has a 
wide range of responsibilities and educational backgrounds. 
Computer programs tell the computer what to do-which information to 
identify and access, how to process it, and what equipment to use. 
Programs vary widely depending oo the type of information to be 
accessed or generated. For example, the instructions involved in 
updating financial records are very different from those required to 
duplicate conditions on an aircraft for pilots training in a flight 
simulator. Although simple programs can be written in a few hours, 
programs that use complex mathematical formulas whose solutions can 
only be approximated or that draw data from many existing systems 
may require more than a year of work. In most cases, several 
programmers work together as a team under a senior programmer's 
supervision. 
EAC 04 223 53045 
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Many programmers update, repair, modify, and expand existing 
programs. When making changes to a section of code, called a routine, 
programmers need to make other users aware of the task that the 
routine is to perform. . . . 
Programmers test a program by running it to ensure that the 
instructions are correct and that the program produces the desired 
outcome. If errors do occur, the programmer must make the 
appropriate change and recheck the program until it produces the 
correct results. This process is called testing and debugging. . . . 
Computer programmers often are grouped into two broad types- 
applications programmers and systems programmers. Applications 
programmers write programs to handle a specific job, such as a 
program to track inventory within an organization. They also may 
revise existing packaged software or customize generic applications 
which are frequently purchased from vendors. Systems programmers, in 
contrast, write programs to maintain and control computer systems 
software, such as operating systems, networked systems, and database 
systems. These workers make changes in the instructions that determine 
how the network, workstations, and central processing unit of the 
system handle the various jobs they have been given and how they 
communicate with peripheral equipment such as terminals, printers, and 
disk drives. Because of their knowledge of the entire computer system, 
systems programmers often help applications programmers determine 
the source of problems that may occur with their programs. 
Regarding training of computer programmers, the Handbook states: 
Although there are many training paths available for programmers, 
mainly because employers7 needs are so varied, the level of education 
and experience employers seek has been rising due to the growing 
number of qualified applicants and the specialization involved with 
most programming tasks. Bachelor's degrees are commonly required, 
although some programmers may qualify for certain jobs with Zyear 
degrees or certificates. The associate degree is a widely used entry- 
level credential for prospective computer programmers. Most 
community colleges and many independent technical institutes and 
proprietary schools offer an associate degree in computer science or a 
related information technology field. 
Employers primarily are interested in programming knowledge, and 
computer programmers can become certified in a programming 
language such as C+ + or Java. College graduates who are interested 
in changing careers or developing an area of expertise also may return 
EAC 04 223 53045 
Page 7 
to a 2-year community college or technical school for additional 
training. In the absence of a degree, substantial specialized experience 
or expertise may be needed. Even when hiring programmers with a 
degree, employers appear to place more emphasis on previous 
experience. 
The Handbook indicates that a baccalaureate degree in a specialty is not normally required to enter the 
occupation. The Handbook indicates that some programmers may qualify for certain jobs with 2-year 
degrees or certificates. The 2-year degree is a widely used entry-level credential for prospective computer 
programmers. The Handbook is clear that a degree or its equivalent is not the normal minimum requirement 
for entry into the occupation. Accordingly, the AAO finds that the petitioner has failed to establish the 
proffered position as a specialty occupation under the first criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(I) - a 
baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the 
particular position. 
In its response to the RFE counsel asserts that the AAO has held in prior petitions that the position of 
programmer analyst is a specialty occupation. The AAO notes that the proffered position is that of a 
computer programmer, and not a systems analyst position. Also, each nonimmigrant petition is a separate 
proceeding with a separate record. See 8 C.F.R. 5 103.8(d). In making a determination of statutory 
eligibility, CIS is limited to the information contained in the record of proceeding. See 8 C.F.R. 5 
103.2(b)( 16)(ii). 
The AAO now turns to a consideration of whether the proffered position may qualify as a specialty occupation 
under either of the prongs of the second criterion at 8 C.F.R. 4 214.2(h)(4)(ii)(A)(2) - establish that a degree 
requirement is common to the industry in parallel positions among similar organizations, or that the proffered 
position is so complex or unique that it can be performed only by an individual with a degree. 
With its response to the RFE, the petitioner submitted letters from representatives of three telecom service 
companies stating that a degree in engineering or its equivalent is a minimum requirement for a programmer 
analyst position. The AAO notes that the contents of the three letters are virtually identical; none of the letters 
indicate the credentials of the company representativ-es who signed them; and none of the letters indicate 
whether the author examined the petitioner's business and is familiar with the details of the petitioner's 
business operations. The authors do not indicate that they reviewed company information about the petitioner, 
visited the site, or interviewed the petitioner. None of the letters indicate that the author reviewed the duties of 
the position. While some programmer programmer positions may require a bachelor's degree in computer 
science or a related field, none of the authors gives sufficient details about the complexity of the duties in 
relation to the petitioner's wireless and cellular distribution business to substantiate his conclusions. There is 
thus an inadequate factual foundation established to support the opinions. The AAO may, in its discretion, use 
as advisory opinion 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 gve less 
weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 (Comm. 1988). No other evidence 
of record establishes the first prong of the second criterion. Therefore, the petitioner has failed to establish that 
a degree requirement is common to the industry in parallel positions among similar organizations. 
EAC 04 223 53045 
Page 8 
As noted above, the petitioner has described duties normally performed by computer programmers. The 
petitioner states that it is a wholly owned subsidiary of I-Connection, LLC, and submits several agreements 
between I-Connection and third parties. The petitioner does not relate these contracts to the services to be 
performed by the beneficiary on behalf of the petitioner. These contracts are thus of limited evidentiary value. 
The petitioner also submits copies of contracts between itself and several overseas companies to provide 
services such as marketing, long distance, and telemarketing. The petitioner does not relate the beneficiary's 
proposed job duties to develop and implement a new sales module on the web, make the petitioner a self-run 
high-tech store, develop a telesales reporting system, and the other duties listed at the time of filing the 
petition, to any of these contracts. The job duties are not specifically described in relation to the petitioner's 
business and the petitioner has not established that a baccalaureate degree in a specialty would be required to 
perform them. 
The petitioner has not provided sufficient documentation to establish the complexity of the position. In its 
appeal brief, the petitioner simply asserted that the Handbook indicates that a degree is required by most 
employers for programmer analyst positions, and stated that similar to other programmer analysts the 
beneficiary will plan, develop, test, and document computer systems applications software. The AAO finds 
the petitioner to have provided no evidence that would support a finding that the proffered position is so 
complex or unique that it can be performed only by an individual with a degree. Therefore, the record also 
fails to establish that the position qualifies as a specialty occupation under the second prong at 8 C.F.R. $ 
214.2(h)(4)(iii)(A)(2) - the position is so complex or unique that it can be performed only by an individual 
with a degree. Accordingly, the petitioner has not established its position as a specialty occupation under 
either prong of the second criterion. 
The AAO next considers the criteria at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3) and (4): the employer normally 
requires a degree or its equivalent for the position; and the nature of the specific duties is so specialized and 
complex that the knowledge required to perform them is usually associated with the attainment of a 
baccalaureate or higher degree. To determine the petitioner's ability to meet the third criterion, the AAO 
normally reviews the petitioner's past employment practices, as well as the histories, including names and 
dates of employment, of those employees with degrees who previously held the position, and copies of those 
employees7 diplomas. In the instant case, petitioner did not provide any such information. Accordingly, the 
petitioner failed to establish its normal hiring practices with regard to the proffered position and has not 
established it as a specialty occupation on this basis. 
The fourth criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(#) requires that a petitioner establish that the nature of the 
specific duties of the position is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree. On appeal, the petitioner contends 
that the duties of the proffered position satisfy the criterion's requirements. The AAO does not agree. 
As previously noted, the AAO requires information regarding the specific duties of a proffered position, as 
well as the nature of the petitioning entity's business operations, to make its determination regarding the 
position's degree requirements, if any. In the instant case, the record offers a general description of the type 
of work to be performed, rather than a description of the proffered position's duties as they relate to the 
petitioner's business. The petitioner provided generalized information about it business. As the petitioner has 
EAC 04 223 53045 
Page 9 
provided no description of the specific tasks to be performed by the beneficiary, the record contains no 
evidence to establish the specialized and complex nature of those tasks. No evidence of record indicates that 
the duties of the position will require baccalaureate level knowledge. Therefore, the proffered position has 
not been established as a specialty occupation under the requirements at 8 C.F.R. 8 214.2@)(4)(iii)(A)(4). 
For the reasons related in the preceding discussion, the petitioner has failed to establish that the proffered 
position meets any of the requirements for a specialty occupation set forth at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
The director also determined that the petitioner did not establish that the beneficiary is qualified to perform the 
services of a specialty occupation. 
 The AAO agrees. 
 The record does not contain sufficient reliable 
documentation to persuade the AAO that the beneficiary qualifies to perform services in a specialty 
occupation, as required at section 214(i)(2) of the Act, 8 U.S.C. 5 1184(i)(2), 8 C.F.R. 
 214.20(4)(iii)(C). 
Further discussion of how an alien qualifies to perform services in a specialty occupation is found at 8 C.F.R. 
2 14.20(4)(iii)(C), and requires the individual to: 
(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 hlgher degree required by the specialty occupation from an accredited college or 
university; 
(3) 
 Hold an unrestricted state license, regstration or certification whch authorizes him 
or her to fblly 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 hgher degree in 
the specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions direbtly related to the specialty. 
When a beneficiary is determined to lack the specific degree required by a specialty occupation, the AAO 
relies upon the five criteria specified at 8 C.F.R. 214.2(h)(4)(iii)(D) to determine whether the individual may 
still qualify to perform the proffered position. A beneficiary who does not have a degree in the specific 
specialty may still qualify for an H-1B nonirnmigrant visa based on: 
(1) 
 An evaluation from an official who has authority to grant college-level credit for 
training andlor expenence 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; 
EAC 04 223 53045 
Page 10 
(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 
regstration 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, andlor work experience in areas related to the specialty and that 
the alien has achleved recognition of expertise in the specialty occupation as a result 
of such training and experience. 
No evidence has been submitted to establish that the beneficiary holds a U.S. degree in the specialty or a 
foreign degree equivalent to a U.S. degree in the specialty, nor is the beneficiary required to have a license to 
perform the duties of the proffered position. The petitioner submitted an evaluation by of 
International Credentials Evaluation and Translation Services (ICETS) indicating that the beneficiary obtained 
a bachelor of engineering degree from Bangalore University in 1997. The director found this evidence 
insufficient to establish the beneficiary's qualifications for the position, and requested the petitioner to submit 
the beneficiary's transcripts in the request for evidence. The petitioner did not submit the beneficiary's 
transcripts as requested, and the director denied the petition as the beneficiary was not qualified to perform the 
duties of a specialty occupation. 
On appeal, the petitioner submits the beneficiary's transcripts from Bangalore University. The petitioner was 
put on notice of required evidence and given a reasonable opportunity to provide it for the record before the 
visa petition was adjudicated. The petitioner failed tdsubmit the requested evidence and now submits it on 
appeal. However, the AAO will not consider this evidence for any purpose. See Matter of Soriano, 19 I&N 
Dec. 764 (BIA 1988); Matter of Obaigbena, 19 I&N Dec. 533 (BIA 1988). The appeal will be adjudicated 
based on the record of proceeding before the director. 
As the ICETS evaluation is not supported by the beneficiary's transcripts of record, it may not be accepted. 
8 C.F.R. § 214.2(h)(4)(iv)(A)(I) requires that school records be submitted into the record. 
The AAO also notes several inconsistencies in the transcripts submitted. The provisional degree certificate 
awarded to the beneficiary indicates that the beneficiary attended the university from 1990-1 991 to 1994-1 995. 
The transcript of record, however, indicates that the beneficiary completed fourth year in July 1996 and 
completed two repeated fourth year courses in February 1997 and a repeated third year course in February 
1997. Additionally, on several pages of the transcripts, the name of the beneficiary and the course of study 
EAC 04 223 53045 
Page 11 
appear to have been altered. It is incumbent upon the petitioner to resolve any inconsistencies in the record by 
independent objective evidence. Any attempt to explain or reconcile such inconsistencies will not suffice 
unless the petitioner submits competent objective evidence pointing to where the truth lies. Matter of Ho, 19 
I&N Dec. 582,591-92 (BIA 1988). Doubt cast on any aspect of the petitioner's proof may, of course, lead to a 
reevaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa petition. 
Matter of Ho. 
CIS may make its own determination of the beneficiary's qualifications based on an evaluation of the 
beneficiary's education, training and work experience under 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5). The AAO notes, 
however, that the on-the-job experience that may be substituted for education under 8 C.F.R. $ 
214.2(d)(h)(4)(iii)(5) must include the theoretical and practical application of specialized knowledge. Matter 
of Sea, Inc., 19 I&N Dec. 8 17 (Comm. 1988). Based on its own review of the record, the AAO finds that the 
letter from the beneficiary's former employer does not provide enough descriptive detail to indicate that such 
experience included the theoretical and practical of highly specialized knowledge, that the experience was 
gained while working with peers, supervisors or subordinates who have degrees in a computer software 
engineering specialty, or that the beneficiary has recognition of expertise. Thus, the experience letter does not 
establish the beneficiary's degree equivalence. 
For the reasons related in the preceding discussion, the petitioner has failed to establish that the proffered 
position meets the requirements for a specialty occupation and that the beneficiary is qualified to perform the 
services of 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. tj 
1361. The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.