remanded H-1B Case: Education

ldentifyhg data deleted to 
dearly unwarranted 
invasion of personal privacy 
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 0 14 54367 Office: CALIFORNIA SERVICE CENTER Date: @T 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 1 Ol(a)(I 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 I0 l(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 Ofice 
WAC 04 014 54367 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant 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 The director's decision will be withdrawn.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 Montessori school. It seeks to employ the beneficiary as a Montessori teacher and endeavors 
to classify 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. 3 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the beneficiary did not qualify to perform the duties of a specialty 
occupation. On appeal, counsel submits a brief and additional information stating that the beneficiary is qualified 
to perform the duties of a specialty occupation. 
The first issue to be considered is whether the beneficiary is qualified to perform the duties of a specialty 
occupation. 
Section 10 l (a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. I 10 l (a)(] 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)(2) of the Act, 8 U.S.C. 5 11 84(i)(2), states that an alien applying for classification as an H-IB 
nonimmigrant worker must possess: 
(A) full state licensure to practice in the occupation, if such licensure is required to 
practice in the occupation, 
(B) completion of the degree described in paragraph (1)(B) for the occupation, or 
(C) (i) experience in the specialty equivalent to the completion of such degree, and 
(ii) recognition of expertise in the specialty through progressively responsible 
positions relating to the specialty 
Pursuant to 8 C.F.R. tj 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, the alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or 
university; 
(3) Hold an unrestricted State license, registration or certification which authorizes him or 
her to fully practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
WAC 04 014 54367 
Page 3 
(4) Have education, specialized training, and/or progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the 
specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
Pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(D), for purposes of paragraph (h)(4)(iii)(C)(4) of this section, 
equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a 
level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal 
to that of an individual who has a baccalaureate or higher degree in the specialty and shall be determined by 
one or more of the following: 
(1) An evaluation from an official who has authority to grant college-level credit for 
training and/or experience in the specialty at an accredited college or university which 
has a program for granting such credit based on an individual's training and/or work 
experience; 
(2) The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; 
(4) Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or 
registration to persons in the occupational specialty who have achieved a certain level 
of competence in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, and/or work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
The duties of the offered position are those of a Montessori kindergarten teacher, and are essentially those 
noted for preschoolkindergarten teachers in a private school setting. The U.S. Department of Labor's 
Occupational Outlook Handbook (Handbook) notes that all 50 States and the District of Colombia require 
public school teachers to be licensed. Licensure, however, is not required for teachers in private schools. All 
States require public school general education teachers to have a bachelor's degree and to have completed an 
approved teacher training program with a prescribed number of subject and education credits, as well as 
supervised practice teaching. The education and teacher training requirements, however, do not generally 
apply to teachers in private school settings. 
The petitioner seeks to qualify the beneficiary pursuant to 8 C.F.R. 3 214.2(h)(4)(iii)(C)(4). In support of this 
assertion, the petitioner submitted experiential evaluations from: Dr. James H. Borland, Professor and Chair of 
the Teacher's College, Columbia University; and Dr. Hans Andersen, Professor of Education, Indiana University. 
Dr. Borland states that the beneficiary's prior education and experience are equivalent to a Bachelor of Education 
WAC 04 014 54367 
Page 4 
degree from an accredited institution of higher learning in the United States. Dr. Andersen states that the 
beneficiary's prior education and experience is equivalent to a Bachelor of Education degree, with a concentration 
in Early Childhood Education, from an accredited institution of higher education in the United States. The 
evaluation of Dr. Borland is of little evidentiary value, however, as the record does not establish that he has 
authority to grant college-level credit for training and/or experience in the specialty at an accredited college or 
university which has a program for granting such credit based on an individual's training and/or work experience. 
8 C.F.R. 9 214.2 (h)(4)(iii)(D)(I). The evaluation of Dr. Andersen, however, does meet all regulatory criteria for 
evaluating foreign work experience for the purpose of determining educational equivalency in the United States. 
The record establishes that Dr. Andersen has authority to grant college-level credit for training and/or experience 
in the specialty at an accredited college or university which has a program for granting such credit based on an 
individual's training and/or work experience. 8 C.F.R. 9 214.2 (h)(4)(iii)(D)(I). He is, therefore, qualified to 
render an opinion as to whether the beneficiary has education, specialized training, and/or progressively 
responsible experience equivalent to completion of a United States baccalaureate or higher degree in the specialty 
occupation, and has recognition of expertise in the specialty through progressively responsible positions directly 
related to the specialty. As such, the beneficiary is deemed qualified to perform the duties of a specialty 
occupation. 
The petition may not be approved, however, as the position of preschool/kindergarten teacher in a private school 
does not appear to be a specialty occupation, as no degree requirement in a specific specialty is required, and none 
of the other criteria appear to have been met. As the director made no finding as to whether the proffered position 
qualified as a specialty occupation, this matter must be remanded to the director to determine, after considering all 
evidence of record, whether the proffered position qualifies as a specialty occupation. The director may request 
such additional evidence as he deems necessary before 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. 5 1361. 
ORDER: The director's decision is withdrawn. The petition is remanded to the director for entry of a new 
decision commensurate with the directives of this opinion, which, if adverse to the petitioner is to be 
certified to the AAO for review.