remanded H-1B Case: Chiropractic Medicine

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: SKA SERVICE CENTER Date: KT 2 g 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 1 0 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 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 further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
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DISCUSSION: The service center director denied the nonirnmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The director's decision will be withdrawn. The petition 
will be remanded to the director for entry of a new decision. 
The petitioner is a chiropractic medical office and seeks to employ the beneficiary as an alternative medical 
researcher. The petitioner endeavors to classify 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 10 1 5)(H)(i)(b). 
The director denied the petition finding that the beneficiary was a graduate of a foreign medical school coming to 
the United States to perform services as a member of the medical profession and, as such, was ineligible for H-1B 
classification under 8 212(i)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 11826)(2). On 
appeal, counsel submits a brief stating that the beneficiary is not subject to the provisions of § 212(j)(2) of the 
Act. 
The issue to be considered is whether the beneficiary is subject to the provisions of 5 212Cj)(2) of the Act. 
Section 212(i)(2) of the Act, 8 U.S.C. 8 11820)(2), provides that an alien who is a graduate of a medical school 
and who is coming to the United States to perform services as a member of the medical profession may not be 
admitted as a nonirnmigrant under section 10 l(a)(l S)(H)(l)(b) of the Act, 8 U.S.C. 5 1 10 l(a)(l 5)(H)(i)(b), 
unless: the alien is coming pursuant to an invitation from a public or nonprofit private educational or research 
institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency; 
or the alien has passed applicable licensing examinations for physicians; and has competency in oral and written 
English, or is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose 
by the Secretary of Education. 
This cited provision of the Act does not apply to graduates of foreign medical schools who are coming to the 
United States to perform services in areas outside the medical profession. The issue, therefore, is whether the 
proffered position is considered part of the medical profession. 
The Department of Labor's Occupational Outlook Handbook (Handbook) notes that chiropractors, also known as 
doctors of chiropractic or chiropractic physicians, diagnose and treat patients whose health problems are 
associated with the body's muscular, nervous, and skeletal systems, especially the spine. The chiropractic 
approach to healthcare is holistic, stressing overall health and wellness. Chiropractors provide natural, drugless, 
non-surgical health treatments for patients. All States and the District of Columbia regulate the practice of 
chiropractic and grant licenses to chiropractors who meet the educational and examination requirements 
established by the State, and chiropractors can practice only in the State where they are licensed. Most States 
require at least two years of undergraduate education, and an increasing number are requiring a 4-year bachelor's 
degree; plus completion of a 4-year program at an accredited chiropractic college leading to the Doctor of 
Chiropractic degree. An individual is not required, however, to obtain a medical degree in order to become a 
chiropractor. Section 212(i)(2) of the Act pertains to graduates of foreign medical schools who are coming to the 
United States to perform services as a member of the medical profession, which is reasonably interpreted to mean 
individuals coming to the United States to work in a profession requiring a medical degree. The statutory 
provision does not, therefore, apply to the facts of this case. 
The director did not comment on whether the proffered position qualifies as a specialty occupation, or whether 
the beneficiary is qualified to perform the duties of a specialty occupation as the petition was denied on another 
ground. As such, this matter must be remanded to the director to determine whether the position is a specialty 
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occupation, and if so, whether the beneficiary is qualified to perform the duties of the position. It should be noted 
that a portion of the described duties requires the beneficiary to review patient histories, and discuss patient charts 
with physicians (chiropractors) including diagnosis, prognosis, and treatment. As such, it would appear that the 
beneficiary would be performing the duties of a chiropractor since she would be assisting in rendering a patient 
diagnosis, and determining the prognosis and treatment of the patient, which would require her to be licensed as a 
chiropractor. The director may request such additional evidence as he deems necessary in rendering his decision. 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 1361. 
ORDER: The director's decision is withdrawn. The petition is remanded to the director to enter a new 
decision commensurate with the directives of this opinion. The director shall certify the matter to 
the AAO should his determination be adverse to the petitioner.