dismissed H-1B Case: Mechanical Engineering

ident%ing data deleted to 
- prevent clear 3 -unwarranted 
&asion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 079 5 1582 Office: CALIFORNIA SERVICE CENTER Date: JUN 0 1 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(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. 
wdrninistrative Appeals Office 
WAC 04 079 51582 
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 is non-profit medical provider that seeks to employ the beneficiary as a mechanical engineer. The 
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
section 101 (a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(l5)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal the petitioner submits a brief indicating that the offered position is a specialty occupation. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10 1 (a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(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. 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(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: 
(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; 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(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. 
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 additional evidence; (3) the petitioner's response to the director's request; (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 mechanical engineer. 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: 
Design utilities andfor vent systems for new hospitals, overseeing andor approving blue-prints, and 
identifying andor creating specifications for systems, while considering local limits, conditions and 
standards; 
Oversee a team of engineers to construct and install the vent, heat, water, fire, storage, and electrical 
systems; 
Sign off on the finished product to insure that it meets appropriate government specifications; 
Work under process optimization principals to maximize benefits based on cost, supplies, and 
timelines; and 
Identify and insure compliance with local codes and regulations for permit process; 
Train and assist in the training of facilities, engineers for hospitals in Russian speaking countries 
using native language skills. 
The petitioner requires a minimum of a bachelor's degree in mechanical engineering for entry into the 
proffered position. 
The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) 
for information about the duties and educational requirements of particular occupations. The duties of the 
proffered position appear to be essentially those of a mechanical engineer. The Handbook notes that 
mechanical engineers research, develop, design, manufacture, and test tools, engines, machines, and other 
mechanical devices. They work in many industries and may specialize in energy systems, applied mechanics, 
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automotive design, manufacturing, materials, plant engineering and maintenance, pressure vessels and piping, 
heating, refiigeration, and air-conditioning systems. They may work in production operations in 
manufacturing or agriculture, maintenance, or technical sales, and many are administrators or managers. In 
this instance the petitioner states that the beneficiary will be responsible for all mechanical engineering issues 
involved in the design and construction of hospitals. The duties to be performed appear to be complex and 
those that would normally be performed by an engineer, not a construction manager or engineering technician 
as found by the director. The Handbook states that a bachelor's degree is required for almost all entry-level 
engineering positions. The proffered position, as described, would qualify as a specialty occupation as it 
meets the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I). 
The petition, however, may not be approved. In addition to qualifying the proffered position as a specialty 
occupation, the petitioner must demonstrate that the qualified nonirnmigrant alien is coming temporarily to 
the United States to perform services in a specialty occupation under section lOl(a)(lS)(H)(i)(b) of the Act, 
8 U.S.C. § 1 10 1 (a)(l 5)(H)(i)(b). This, the petitioner has failed to do. 
In response to the director's request for evidence the petitioner stated that the beneficiary's services were 
being sought to set up a headquarters office in the United States to build hospitals in emerging countries, with 
responsibility for all mechanical engineering issues. The record, however, contains no documentation to 
corroborate the petitioner's statement that it is actually involved internationally in the construction of 
hospitals. The petitioner provided no independent proof establishing that it had ever engaged in the 
construction of hospitals, nor did it state where any hospitals constructed by it are located. The petitioner did 
not provide proof of any income or funding which would permit it to provide the services it claims to provide. 
The petitioner's president states in his letter of January 27,2004, that the petitioner presently has $38,000,000 
in cash and instruments for its operations, salaries and taxes, and that it expects to receive an additional 
$32,000,000 by February 15, 2004. The petitioner did not, however, explain the source of any funding, or 
provide documentary proof that it did, in fact, have the claimed funds on hand. The petitioner provided no 
documentation to establish that it has a business plan or contracts to establish offices in the United States. 
Simply going on the record without supporting documentary evidence is not sufficient for the purpose of 
meeting the burden of proof in these proceedings. Simply going on the record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. See 
Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N 190 (Reg. Comm. 1972)). 
Based upon the foregoing, the petition must be denied. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
§ 136 1. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied