dismissed H-1B Case: Information Technology

identifying data deleted to 
prevent clearly unwmted 
invasion of personal privacy 
P~~LIC copy 
U.S. Department of Elomeland Security . 
20 Massachusetts Avenue; NW, Rm. 3000 
Washington, DC 20529 
'u. S. Citizenship 
and Immigration 
FILE: WAC 04 222 53256 Office: CALIFORNIA SERVICE CENTER Date: JUN 1 2 2006 
IN RE: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 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 orignally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
WAC 04 222 53256 
Page 2 
DISCUSSION: The service center director 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 manages residential care facilities and seeks to employ the beneficiary as a network systems 
analyst. The petitioner endeavors to classiEy the beneficiary as a nonirnrnigrant 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. 
§ 1 1 0 1 (a)( 15)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 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 osa 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. 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 ~pecific 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 "degree7' in the criteria at 8 C.F.R. 
214.2@)(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. 
WAC 04 222 53256 
Page 3 
The petitioner is seeking the beneficiary's services as a network systems analyst. Evidence of the 
beneficiary's duties includes: the 1-129 petition; the petitioner's June 11, 2004 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, in part: designing, developing, integrating and maintaining a 
fully automated computer network system using Microsoft NT technology; integrating the current PC free- 
standing systems for use with the network database; choosing and upgrading computer hardware to ensure 
uniformity and compatibility; analyzing and assessing the computational needs of each group of users, e.g. 
direct care staff, professional staff, administrators, accounting staff, etc., and devising the appropriate network 
environment/system for each group; conferring with personnel and regularly reexamining operational 
procedures, identifying problems and assessing computational requirements and formats; regularly testing the 
system to ensure optimum use and evaluating effectiveness while developing and implementing 
improvements and upgrades; designing and implementing testing mechanisms within the systems; preserving 
the privacy of the petitioner's organization and clients' information; ensuring network security by developing 
and implementing firewalls, and proper encryption technology to maintain the system's integrity; specifically 
configuring the system to allow the free flow of information between the petitioner and interested parties, 
while maintaining security and privacy; preparing and maintaining technical reports, memoranda, workflow 
charts, diagrams and instructional materials. The petitioner stated that a qualified candidate for the position 
would possess a bachelor's degree. 
The director found that the proffered position was not a specialty occupation and that the petitioner failed to 
establish any of the criteria found at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal, counsel states that the director erred in finding that the proffered position is not a specialty 
occupation. Counsel states that the director misinterpreted the duties of the position in determining that it was 
a systems administrator, rather than a systems analyst. Counsel asserts that the duties are more complex than 
those of a systems administrator. Counsel states that a systems analyst is a specialty occupation and that the 
Department of Labor's Occupational Outlook Handbook (Handbook) reflects that. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 214.2&)(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 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 1151, 
1165 (D. Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
WAC 04 222 53256 
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The AAO routinely consults the Handbook for its information about the duties and educational requirements 
of particular occupations. 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 concurs 
with the director that the position is primarily a systems administrator. The Handbook indicates that 
computer systems administrators design, install, and support an organization's local-area network (LAN), 
wide-area network (WAN), network segment, Internet, or intranet system. They maintain network hardware 
and software, analyze problems, and monitor the network to ensure its availability to system users. The 
petitioner states that the beneficiary will be designing, developing, integrating and maintaining a fully 
automated computer network system and integrating the current systems for use with the network database. 
The Handbook states that systems administrators gather data to identify customer needs and then use the 
information to identify, interpret, and evaluate system and network requirements. The petitioner states that the 
beneficiary will be analyzing and addressing the computational needs of each group of users and devising the 
appropriate network environment for each group and regularly reexamining operation procedures, identifying 
problems and assessing computational requirements and formats. The Handbook states: 
Systems administrators are the information technology employees responsible for the 
efficient use of networks by organizations. They ensure that the design of an organization's 
computer site allows all of the components, including computers, the network, and software, 
to fit together and work properly. Furthermore, they monitor and adjust the performance of 
existing networks and continually survey the current computer site to determine future 
network needs. 
All of these duties are those of the proffered position. With regard to the training for systems administrators, 
the Handbook states, "For systems administrators, many employers seek applicants with bachelor's degrees, 
although not necessarily in a computer-related field." 
As noted above, 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. There is no indication that the profession requires that an individual have a bachelor's degree, or that a 
degree must be in a specific specialty. Thus, the petitioner has not established eligbility under the first criterion 
at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l). 
On appeal, counsel submits ten Internet job listings (Exhibit F) for systems analysts. As discussed, the AAO 
finds that the proffered position is primarily a systems administrator, and not a systems analyst. In addition, 
there is no evidence to show that the employers issuing those postings are similar to the petitioner, or that the 
advertised positions are parallel to the instant position. None of the positions appear to be with residential 
care facilities, and the duties for these positions appear to be far more complex than the proffered position. 
The AAO also notes that of the ten listings, only five stated that a degree in a specific specialty was required. 
This does not establish an industry standard for systems analysts. Thus, the advertisements have little 
relevance. 
WAC 04 222 53256 
Page 5 
The record does not include any evidence from professional associations regarding an industry standard, or 
documentation to support the complexity or uniqueness of the proffered position. The petitioner has, thus, not 
established the criteria set forth at 8 C.F.R. 214.2(h)(4)(iii)(A)(I) or (2). 
To determine whether a proffered position may be established as a specialty occupation under the third 
criterion - the employer normally requires a degree or its equivalent for the position - the AAO usually 
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 
employees' diplomas. In the instant case, the petitioner has submitted no evidence regarding its hiring 
practices. The AAO also notes that the petitioner only stated that a bachelor's degree was required for the 
position, but did not specify that the degree needed to be in a specific specialty. Accordingly, the record does 
not establish the proffered position as a specialty occupation under the third criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. 9 214.2(h)(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. 
The fourth criterion requires a petitioner to establish that the nature of the specific duties of its position is so 
specialized and complex that the knowledge required to perform these duties is usually associated with the 
attainment of a baccalaureate or higher degree. The AAO, however, finds no evidence to indicate that the 
beneficiary's duties would require greater knowledge or skill than that normally possessed by systems 
administrators, for which a bachelor's degree in a specialty is not required. While the petitioner established 
that it manages residential care facilities and that it has more than 77 employees, the record does not reflect 
the nature of the petitioner's current computer network. In addition, as noted above, the petitioner did not 
establish that it requires an individual with a bachelor's degree in a specific specialty to perform duties that 
are specialized and complex. As a result, the record fails to establish that the proffered position meets the 
specialized and complex threshold of the fourth criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
For reasons related in the preceding discussion, the petitioner has failed to establish the proffered position as 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. 
§ 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.