dismissed H-1B Case: Medical Services

U.S. Department of Homeland Security 
20 Massachusetts Avenue, NW, Rtn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 02 264 52203 Office: CALIFORNIA SERVICE CENTER Date: SEP 0 2 2005 
Immigration and Nationality Act, 8 U.S.C. 3 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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, Director 
Administrative Appeals Office 
WAC 02 264 52203 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant 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 a medical services provider that seeks to employ the beneficiary as a medical researcher. 
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation 
pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
8 1101(a)(15)(H)(i)(b). 
The director denied the petition because the petitioner did not establish that the beneficiary would be 
employed in a specialty occupation. On appeal, the petitioner submits a letter. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 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. 
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: 
(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 proffered position. 
WAC 02 264 52203 
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The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) 
the director's requests for additional evidence; (3) the petitioner's responses to the director's requests; (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. 
The petitioner is seeking the beneficiary's services as a medical researcher. Evidence of the beneficiary's 
duties includes: the 1-129 petition; the petitioner's August 1,2002 letter in support of the petition; and the 
petitioner's responses to the director's requests for evidence. According to this evidence, the beneficiary 
would perform duties that entail: reviewing and analyzing professional medical journals for new findings 
that are relevant to the petitioner's physicians and staff to keep them updated on new developments in 
their field; preparing articles, reports, digests and briefs for use and information of the physician, staff, 
client, the client's family, and the general public; organizing research and reference materials; creating a 
library of articles relating to medical conditions for use by physicians and staff to aid them in new 
approaches in patient management and treatment; indexing and cross-referencing, compiling and 
organizing research and reference materials for use by physicians and medical staff; making digests and 
discussing research findings with physicians for their application to patient management and treatment; 
under the direction of the physician, reviewing the patient's medical history to aid in research work; 
eliciting detailed patient histories from patients to aid research work and organizing patients' files; and 
assisting the physician in preparing reports and memoranda on studies that impact the physician's field. 
The petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in 
medical sciences. 
The director found that the proffered position was most like a medical or technical writer, which is 
normally a specialty occupation. The director determined, however, that the petitioner did not establish 
that it would be employing the beneficiary in that occupation, and that it was not credible that a company 
with eight employees would employ a medical researcherlwriter on staff. 
On appeal, the petitioner states that it has 19 employees, not eight as the director stated. The petitioner 
states that it was attaching a list of the doctors and specialists in the medical group, which includes eight 
facilities, as well as a copy of the petitioner's website. The appeal has no attachments, however. The 
petitioner states that the AAO has previously determined that both a medical research assistant position 
and a technical writer with a health care facility qualified as specialty occupations. The petitioner asserts 
that these two positions are similar to the proffered position, and that the Department of Labor's 
Occupational Outlook Handbook (Handbook) indicates that a degree in one of the sciences is required for 
a medical writer. The petitioner also states that the Department of Labor's OYNet indicates that the 
position of a technical writer has a JobZone rating of five, meaning that it requires a bachelor's degree for 
entry into the occupation. 
The AAO does not agree with the director and the petitioner that the position has elements that are 
substantially similar to a technical writer, a position that is typically a specialty occupation, according to 
the Handbook. The position is primarily that of a registered nurse. 
WAC 02 264 52203 
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The proffered position's duties are most similar to those of a registered nurse. The Handbook describes 
some of the duties of a nurse: "They are advocates and health educators for patients, families, and 
communities. When providing direct patient care, they observe, assess, and record symptoms, reactions, 
and progress in patients. . . . and maintain records." The beneficiary would be recording patient histories 
and reviewing these histories with a physician. In addition, the beneficiary would be assisting the 
physician in making determinations about patient care. The Handbook states that a bachelor's degree is 
not required for entry into the nursing field: "There are three major educational paths to registered 
nursing: a bachelor's of science degree in nursing (BSN), an associate degree in Nursing (A.D.N.), and a 
diploma. . . . Generally, licensed graduates of any of the three types of educational programs qualify for 
entry-level positions as staff nurses." 
The petitioner did not submit any evidence regarding parallel positions in the petitioner's industry, or 
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. 3 214.2(h)(4)(iii)(A)(l) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. There is no evidence in the record regarding the petitioner's past 
hiring practices. 
Finally, the AAO turns to the criterion at 8 C.F.R. 3 214.2(h)(iii)(4)(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. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as 
to require the highly specialized knowledge associated with a baccalaureate or higher degree, or its 
equivalent, in a specific specialty. Therefore, the evidence does not establish that the proffered position is 
a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
Beyond the decision of the director, the petitioner has not established that the beneficiary is qualified for a 
position as a nurse. While the petitioner submitted an educational evaluation stating that the beneficiary 
has the equivalent to bachelor's degree in nursing from a U.S. college or university, the beneficiary is not 
licensed as a nurse in the state of California, as would be required to perform the duties of a nurse. For 
this additional reason, the petition may not be approved. 
The AAO notes that the beneficiary is out of status, and would not be eligible to change her status, 
although that issue is not before the AAO. 
WAC 02 264 52203 
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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.