remanded H-1B Case: Dentistry

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
" idgn~dyinp data deleted t6 
i;r3:vcnt c.la riy unwarranted 
invasion 09 personal privaeY 
LIC COPY 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 03 108 50032 Office: CALIFORNIA SERVICE CENTER Date: JAN 11 
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. 5 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 originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 03 108 50032 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and the matter is now before the 
Administrative Appeals Office (AAO) on appeal. The director's decision will be withdrawn and the matter 
remanded for entry of a new decision. 
The petitioner is a dentist's office that seeks to employ the beneficiary as a dental specialistfresearcher. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonimrnigrant 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 lOl(a)(lS)(H)(i)(b). 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's request for evidence (RFE); (3) the petitioner's RFE response and supporting documentation; 
(4) the director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed 
the record in its entirety before issuing its decision. 
The director denied the petition on the basis that the petitioner had failed to prove that the proposed position 
qualifies for classification as a specialty occupation. 
Section 2 14(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 184(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. 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. § 214.2@)(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 
. WAC 03 108 50032 
Page 3 
(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. 
8 214.2(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 proposed position. 
The petitioner's February 4,2003 letter of support stated that the beneficiary would admnister and direct the 
activities of the dental practice in accordance with accepted national standards, administrative policies, and 
OSHA compliance guidelines; maintain complete dental reports and related documentation of the patients' 
records; examine patients' records to compose complete dental reports for the ultimate approval of the 
dentist; keep the dentists up-to-date on the latest dental research results, using the dental library; coordinate 
dental care evaluationlreports; confer with personnel regarding operational policies and recommend 
procedural changes; and set up a system of operation and activities to be implemented in the dental ofice and 
laboratory that will assure a smooth flow of work and improve the overall efficiency of the company. 
The petitioner asserted that the proposed position requires a candidate with a strong dental background, 
which can only be obtained through attendance at a dental school. The petitioner noted that the beneficiary 
possesses a doctor of dental medicine degree and "has extensive experience in the dental medical practice." 
Upon review of the record, the AAO finds that the petitioner has established that the proposed position is a 
specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(A)(l): that a baccalaureate or higher degree or its 
equivalent is the normal minimum requirement for entry into the position. 
In determining whether a proposed 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 baccalaureate degree in a specific specialty, as the 
minimum for entry into the occupation as required by the Act. 
The AAO finds that many of the beneficiary's duties are performed by dentists, as that occupation is 
described in the Handbook, which is a resource that the AAO routinely consults for its information about 
the duties and educational requirements of particular occupations. This finding is also substantiated by 
the definition of a dentist under the California Business and Professions Code. The Handbook states that 
dentists diagnose, prevent, and treat problems with teeth or mouth tissue; the California Business and 
Professions Code Section 1625-1636.6, at section 1625, explains that a person practices dentistry when 
the person "performs, or offers to perform, an operation or diagnosis of any kind." That section also 
provides that a person practices dentistry who "manages or conducts as manager . . . a place where dental 
operations are performed." 
The description of a dentist's duties, under California law, including diagnosis, is encompassed within the 
beneficiary's duties to examine patients' records to compose complete dental reports. The beneficiary will 
also "administer and direct the activities of the dental practice" and "be responsible for setting up a 
system of operation and activities to be implemented in the dental office and laboratory." 
The Handbook states the following with regard to the training of persons seeking employment as dentists: 
WAC 03 108 50032 
Page 4 
All 50 States and the District of Columbia require dentists to be licensed. To qualify for 
a license in most States, a candidate must graduate fiom one of the 55 dental schools 
accredited by the ADA's Commission on Dental Accreditation in 2002 and also must 
pass written and practical examinations . . . 
Dental schools require a minimum of 2 years college-level predental education, 
regardless of the major chosen. . . .most dental students have at least a bachelor's degree. 
Most dental schools award the degree of Doctor of Dental Surgery (DDS). The rest 
award an equivalent degree, Doctor of Dental Medicine (DMD). 
As a degree in dentistry is the standard educational requirement for anyone seeking employment as a 
dentist, the AAO concludes that the petitioner's proposed position, which is that of a dentist, meets the 
requirements under the first criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A) - a baccalaureate degree, or its 
equivalent, is normally the minimum requirement for entry into the particular position. Accordingly, the 
proposed position is a specialty occupation. 
No evidence contained in the record of proceeding demonstrates that the beneficiary is qualified to 
perform the duties of the proposed position, dental specialist, which involves the practice of dentistry and 
therefore requires licensure. The practice of dentistry requires licensure, but the director did not address 
this issue in his denial. Therefore, the director's decision will be withdrawn and the matter remanded for 
the entry of a new decision. The director must afford the petitioner reasonable time to provide evidence 
pertinent to the issue of whether the beneficiary is qualified to perform the proposed position, which 
involves the practice of dentistry. The director shall then render a new decision based on the evidence of 
record as it relates to the regulatory requirements for eligibility. As always, the burden of proving 
eligibility for the benefit sought rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 3 1361. 
ORDER: The director's June 24,2004 decision is withdrawn. The petition is remanded to the director 
for entry of a new decision, which, if adverse to the petitioner, is to be certified to the AAO 
for review.