dismissed H-1B Case: Medicine

identifying data &ieted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
FILE: 
IN RE: 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (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: 
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. 
5%24r@ 
Robert P. Wiemann, C I 
' Administrative ~~~eal&ffice 
EAC 04 266 53276 
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 a medical practice that seeks to employ the beneficiary as a medical secretary and to classifi 
her as a nonimmigrant 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. 9 1 101 (a)(l S)(H)(i)(b). 
The director denied the petition on the basis that the position is not a specialty occupation. On appeal, the 
petitioner submits a letter. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 11 84(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 bachelor's or higher degree, but one in a specific field of study that 
is directly related to the proposed position. 
The record of proceeding before the AAO contains, in part: (I) Form 1-129 with supporting documents 
including the petitioner's company support letter; (2) the director's denial letter; and (3) Form I-290B with 
accompanying letter. The AAO reviewed the record in its entirety before issuing its decision. 
The petitioner seeks the beneficiary's services as a medical secretary. Evidence of the beneficiary's duties 
includes: the Form 1-129 and the petitioner's letter on appeal. According to this evidence, the beneficiary 
EAC 04 266 53276 
Page 3 
would perform duties that entail: patient scheduling; accounting; purchasing; communicating in Korean and 
English between the doctor and her patients; communicating with insurance companies, pharmaceutical 
companies, marketing people, and sales people; and medical billing. The petitioner stated that the position 
requires the beneficiary to have a bachelor's degree. 
The director concluded that the evidence provided did not establish that the proposed duties were so complex, 
specialized, or unique as to require a four-year bachelor's degree in a specific specialty. The director also 
found that being fluent in both English and Korean was sufficient to fulfill the duty of translating between the 
doctor and her patients and that this duty did not require a bachelor's degree in a foreign language. 
On appeal, the petitioner asserts that the job entails receptionist, billing, marketing, and accounting duties. 
The petitioner asserts that the maturity to deal with all these duties comes only with the attainment of a 
bachelor's degree. 
The petitioner need only satisfy one of the criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) to establish that a position is 
a specialty occupation. Upon a thorough review, the AAO concludes that the petitioner has failed to establish 
that its proposed medical secretary position meets any of the four criteria outlined in 8 C.F.R. 
§ 2 14.2(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 specific field of study as the minimum for entry into the occupation as 
required by the Act. 
The AAO routinely consults the Department of Labor's Occupational Outlook Handbook (Handbook) in its 
consideration of whether or not a position is a specialty occupation and for the Handbook's information about 
the duties and educational requirements of particular occupations. Based on a thorough review of the 
petitioner's position description and the Handbook, the AAO finds that the proposed position most resembles 
the position of a medical secretary at a solo medical practice. According to the Handbook, medical secretaries 
record simple medical histories, arrange for patients to be hospitalized, order supplies, and need to be familiar 
with insurance rules, billing practices, and hospital or laboratory procedures. 
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 AAO looks at the Handbook's 
discussion of the educational requirements for medical secretaries to determine whether or not the petitioner 
has established this criterion. A review in the Handbook of the educational requirements for medical 
secretaries reveals the following: 
High school graduates who have basic office skills may qualify for entry-level secretarial 
positions. However, employers increasingly require extensive knowledge of software 
applications, such as word processing, spreadsheets, and database management. 
The Handbook indicates that jobs in these areas do not require bachelor's degrees for entry into the field. As 
no specific course of study is required for entry into these occupations and those without bachelor's degrees 
can fill the positions, the petitioner fails to establish that a bachelor's or higher degree in a specific field of 
EAC 04 266 53276 
Page 4 
study is the normal minimum requirement for entry into the proposed position. Thus, the petitioner has failed 
to establish that the position is one that qualifies as a specialty occupation under the first criterion at 
8 C.F.R. fj 2 14.2(h)(4)(iii)(A). 
Next, the AAO turns 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 11 5 1, 1165 (D.Minn. 
1999) (quoting Hird/Blaker Corp. v. Suva, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). The petitioner has not 
submitted evidence in regards to this criterion. Therefore, the proposed position does not qualify as a specialty 
occupation under the first alternative prong at 8 C.F.R. fj 214.2(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. As previously stated, CIS 
interprets the term "degree" in the criteria at 8 C.F.R. fj 214.2(h)(4)(iii)(A) to mean not just any bachelor's or 
higher degree, but one which is in a specific specialty that is directly related to the proposed position. The 
petitioner indicates that it requires a bachelor's degree, but admits that the degree need not be in any particular 
field of study. This educational requirement is not enough to establish that the proposed position qualifies as 
a specialty occupation, as the requirement must be for a specific bachelor's degree directly related to the 
proposed position. In this case, it means a requirement for a bachelor's degree or higher in health services 
administration or a related field. Thus, the petitioner fails to establish that the position qualifies as a specialty 
occupation under the criterion at 8 C.F.R. fj 214.2(h)(4)(iii)(A)(3). 
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 of the criterion 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. The petitioner does not establish that the 
proposed position is so complex or unique that only an individual with a bachelor's degree in a specific 
specialty can perform it. The petitioner also does not establish that the nature of the proposed duties is so 
specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a bachelor's degree in mathematics or a business-related field. To the extent that the position 
includes a requirement that the worker be bilingual, the Handbook indicates that there is no specific degree 
requirement for translators or interpreters. The duties, as described by the petitioner, appear to be the typical 
duties of a medical secretary at a solo medical practice, a position which the Handbook indicates does not 
require a bachelor's degree and can be filled by a non-degreed individual based on experience less than 
equivalent to a bachelor's degree in a specific specialty. 
The burden of proving eligibility for the benefit sought remains entirely 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.