remanded H-1B Case: Health Care

U.S. Citizenship 
and Immigration 
Services 
MATTER OF H-P- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 18,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a home health care business, seeks to temporarily employ the Beneficiary as a 
"compliance analyst" under the H-1B nonimmigrant classification. See Immigration and Nationality 
Act (the Act) § 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The Director, California Service 
Center, denied the petition. The matter is now before us on appeal. The matter is remanded to the 
Director for further proceedings consistent with the foregoing opinion and for the entry of a new 
decision. 
I. ISSUES 
The issues before us are whether (1) the proffered position qualifies as a specialty occupation; and 
(2) the Beneficiary is qualified to serve in a specialty occupation position in accordance with the 
applicable statutory and regulatory provisions. 
II. BENEFICIARY QUALIFICATIONS 
The Director denied the petition, concluding that the Petitioner did not establish that the Beneficiary 
is qualified to perform the services in a specialty occupation. However, a beneficiary's credentials 
to perform a particular job are relevant only when the job is found to qualify as a specialty 
occupation. U.S. Citizenship and Immigration Services (USCIS) is required to follow long-standing 
legal standards and determine first, whether the proffered position qualifies as a specialty 
occupation, and second, whether a beneficiary was qualified for the position at the time the 
nonimmigrant visa petition was filed. Cf Matter of Michael Hertz Assoc., 19 I&N Dec. 558, 560 
(Comm'r 1988) ("The facts of a beneficiary's background only come at issue after it is found that 
the position in which the petitioner intends to employ him falls within [a specialty occupation].") In 
the instant case, the record of proceeding does not establish that the proffered position qualifies as a 
specialty occupation. Thus, the matter will be remanded to the Director for review and issuance of a 
new decision. 
III. SPECIALTY OCCUPATION 
A. Legal Framework 
Matter of H-P- Corp. 
Section 214(i)(l) of the Act, 8 U.S.C. § 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. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) states, in pertinent part, the following: 
Specialty occupation means an occupation which [ (1)] 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 [(2)] 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(h)(4)(iii)(A), to qualify as a specialty occupation, a proposed position 
must meet one of the following criteria: 
(1) 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. 
As a threshold issue, it is noted that 8 C.F .R. § 214.2(h)( 4 )(iii)(A) must logically be read together 
with section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
oflanguage which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Fed. Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter ofW-F-, 
21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) should 
2 
Matter of H-P- Corp. 
logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F.R. § 214.2(h)(4)(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore be read as providing supplemental criteria that 
must be met in accordance with, and not as alternatives to, the statutory and regulatory definitions of 
specialty occupation. 
As such and consonant with section 214(i)(l) of the Act and the regulation at 8 C.F.R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets the 
term "degree" in the criteria at 8 C.F.R. § 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. 
See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"). Applying this standard, USCIS regularly approves H-lB petitions for qualified 
individuals who are to be employed as engineers, computer scientists, certified public accountants, 
college professors, and other such occupations. These professions, for which petitioners have 
regularly been able to establish a minimum entry requirement in the United States of a baccalaureate 
or higher degree in a specific specialty, or its equivalent, directly related to the duties and 
responsibilities of the particular position, fairly represent the types of specialty occupations that 
Congress contemplated when it created the H-1B visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the individual, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position or an employer's self-imposed standards, but whether the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation, as required by the Act. 
B. The Proffered Position 
On the Form I-129, the Petitioner stated that it wishes to employ the Beneficiary as a compliance 
analyst on a full-time basis. In addition, the Petitioner submitted a Labor Condition Application 
(LCA) in support of the petition, which states that the proffered position falls under the "Medical 
and Health Services Managers" occupational category- SOC (ONET/OES) code 11-9111. 
3 
Matter of H-P- Corp. 
In the support letter dated August 8, 2014, the Petitioner provided the Beneficiary's job duties in the 
proffered position, as follows: 
1. Plan, direct and coordinate nursing services of a home health care agency. Assess 
client/ patient's health-related needs. 
2. Assist in establishing standards of nursing practice/care & establish mechanisms 
to ensure nursing care is provided accordingly; 
3. Establish work schedules and assignments for staff, according to workload and 
equipment availability. 
4. Provide clinical & administrative supervision, guidance and direction to nursing 
personnel; 
5. Coordinate the care provided with the interdisciplinary team of physicians, nurses, 
social workers, physical/ occupational/speech therapists, and home health aides. 
Evaluate the outcome of services provided. 
6. Review clinical records for accuracy and ensure that the documentation of 
services is accurate and timely. 
7. Confer with management & supervisory personnel to determine training needs. 
8. Establish and organize seminars for management and staff to study and keep 
abreast of current healthcare development relating to company's services and 
goals. 
9. Keep informed and ensure compliance with current regulatory requirements of 
institutional, professional, regulatory, and governmental agencies. 
The Petitioner also stated that "the minimum requirements for the position of Compliance Analyst 
are a Bachelor's Degree in Accounting with previous work experience in the Healthcare field." 
C. Analysis 
As a preliminary matter, the Petitioner's claimed requirement of a bachelor's degree in 
"Accounting" for the proffered position is inadequate to establish that the proposed position qualifies 
as a specialty occupation, because a petitioner must demonstrate that the proffered position requires 
a precise and specific course of study that relates directly and closely to the position in 
question. 1 Upon review, we find that the Petitioner has not demonstrated how an accounting degree 
relates to the duties of the proffered position. As discussed supra, USCIS interprets the degree 
requirement at 8 C.P.R. § 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly 
related to the proposed position. For this reason alone, the position does not qualify as a specialty 
occupation and the petition cannot be approved. 
1 We observe that in response to the RFE, the Petitioner states that "the beneficiary is qualified to perfonn services in the 
specialty occupation of Accountant." No explanation was provided. 
4 
Matter of H-P- Corp. 
Nevertheless, for the purpose of performing a comprehensive analysis of whether the proffered 
position qualifies as a specialty occupation, we now turn to the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
A baccalaureate or higher degree in a spec(fic specialty, or its equivalent, is 
normally the minimum requirement for entry into the particular position 
We will first discuss the record of proceeding in relation to the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for entry into the particular position. 
USCIS recognizes the U.S. Department of Labor's (DOL) Occupational Outlook Handbook 
(Handbook) as an authoritative source on the duties and educational requirements of the wide variety 
of occupations that it addresses. As discussed, the Petitioner attested in the LCA that the proffered 
position falls under the "Medical and Health Services Managers" occupational category.2 
We reviewed the chapter of the Handbook entitled "Medical and Health Services Managers," 
including the sections regarding the typical duties and requirements for this occupational category.3 
The subchapter of the Handbook entitled "How to Become a Medical and Health Services Manager" 
states the following about this occupational category: 
Most medical and health services managers have at least a bachelor's degree 
before entering the field. However, master's degrees are common and sometimes 
preferred by employers. Educational requirements vary by facility. 
Education 
Medical and health services managers typically need at least a bachelor's 
degree to enter the occupation. However, master's degrees are common and 
sometimes preferred by employers. Graduate programs often last between 2 and 3 
years and may include up to 1 year of supervised administrative experience m a 
hospital or healthcare consulting setting. 
Prospective medical and health services managers typically have a degree in 
health administration, health management, nursing, public health administration, or 
2 The occupational category designated by a petitioner is considered as an aspect in establishing the general tasks and 
responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and educational 
requirements of the wide variety of occupations that it addresses. However, to satisfy the first criterion, the burden of 
proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position would 
normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
3 The Handbook, which is available in printed form, may also be accessed on the Internet, at http:// 
www.stats.bls.gov/oco/. Our references to the Handbook are to the 2016- 2017 edition available online. We hereby 
incorporate into the record of proceeding the chapter of the Handbook regarding "Medical and Health Services 
Managers." 
5 
Matter of H-P- Corp. 
business administration. Degrees that focus on both management and healthcare 
combine business-related courses with courses in medical terminology, hospital 
organization, and health information systems. For example, a degree in health 
administration or health information management often includes courses in health 
services management, accounting and budgeting, human resources administration, 
strategic planning, law and ethics, health economics, and health information systems. 
Work Experience in a Related Occupation 
Many employers require prospective medical and health services managers to 
have some work experience in either an administrative or a clinical role in a hospital 
or other healthcare facility. For example, nursing home administrators usually have 
years of experience working as a registered nurse. 
Others may begin their careers as medical records and health information 
technicians, administrative assistants, or financial clerks within a healthcare office. 
Licenses, Certifications, and Registrations 
All states require licensure for nursing home administrators; requirements 
vary by state. In most states, these administrators must have a bachelor's degree, 
complete a state-approved training program, and pass a national licensing exam. 
Some states also require applicants to pass a. state-specific exam; others may require 
applicants to have previous work experience in a healthcare facility. Some states also 
require licensure for administrators in assisted-living facilities. For information on 
specific state-by-state licensure requirements, visit the National Association of Long 
Term Care Administrator Boards. 
A license is typically not required in other areas of medical and health 
services management. However, some positions may require applicants to have a 
registered nurse or social worker license. 
Although certification is not required, some managers choose to become 
certified. Certification is available in many areas of practice. For example, the 
Professional Association of Health Care Office Management offers certification in 
medical management, the American Health Information Management Association 
offers health information management certification, and the American College of 
Health Care Administrators offers the Certified Nursing Home Administrator and 
Certified Assisted Living Administrator distinctions. 
Advancement 
Medical and health services managers advance by moving into higher paying 
positions with more responsibility. Some health information managers, for example, 
Matter of H-P- Corp. 
can advance to become responsible for the entire hospital's information systems. 
Other managers may advance to top executive positions within the organization. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Medical and Health Services Managers, http://www.bls.gov/ooh/management/medical-and-health­
services-managers.htm#tab-4 (last visited Mar. 17, 2016). 
According to the Handbook, the requirements for medical and health services managers vary by 
facility. The Handbook also states that medical and health services managers typically need an 
advanced degree to enter the occupation, but it further clarifies that the degrees are in various fields 
of study (health administration, health management, nursing, public health administration, or 
business administration). In addition, the Handbook reports that degrees that focus on both 
management and healthcare combine business-related courses with courses in medical terminology, 
hospital organization, and health information systems. For example, the Handbook states that a 
degree in health administration or health information management often includes courses in health 
services management, accounting and budgeting, human resources administration, strategic 
planning, law and ethics, health economics, and health information systems. Therefore, although the 
Handbook states that medical and health services managers typically need an advanced degree, it 
also specifies that the requirements for these positions vary by facility and that degrees in various 
fields are acceptable for jobs in this occupation (e.g., health administration, health management, 
nursing, public health administration, and business administration). 
In general, provided the specialties are closely related, e.g., chemistry and biochemistry, a minimum 
of a bachelor's or higher degree in more than one specialty is recognized as satisfying the "degree in 
the specific specialty (or its equivalent)" requirement of section 214(i)(l )(B) of the Act. In such a 
case, the required "body of highly specialized knowledge" would essentially be the same. Since 
there must be a close correlation between the required "body of highly specialized knowledge" and 
the position, however, a minimum entry requirement of a degree in two disparate fields, such as 
philosophy and engineering, would not meet the statutory requirement that the degree be "in the 
specific specialty (or its equivalent)," unless the Petitioner establishes how each field is directly 
related to the duties and responsibilities of the particular position such that the required body of 
highly specialized knowledge is essentially an amalgamation of these different specialties. Section 
214(i)(l)(B) ofthe Act (emphasis added). 
The Handbook also states that a degree in business administration is sufficient for medical and 
health services manager jobs. Although a general-purpose bachelor's degree, such as a degree in 
business administration, may be a legitimate prerequisite for a particular position, requiring such a 
degree, without more, will not justify a finding that a particular position qualifies for classification as 
a specialty occupation. Royal Siam Corp. v. Chertoff, 484 F.3d at 147.4 
4 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
The courts and the agency consistently have stated that, although a general-purpose bachelor's 
Matter of H-P- Corp. 
Again, USCIS interprets the degree requirement at 8 C.P.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty that is directly related to the proposed position. Since there must be a close 
correlation between the required specialized studies and the position, the requirement of a degree 
with a generalized title, such as business administration, without further specification, does not 
establish the position as a specialty occupation. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. at 
560. Therefore, the Handbook's recognition that a general, non-specialty degree in business 
administration is sufficient for entry into the occupation strongly suggests that a bachelor's degree in 
a specific specialty is not normally the minimum entry requirement for this occupation. 
The narrative of the Handbook further indicates that nursing care facility administrators and 
administrators in assisted-living facilities may be subject to state licensure requirements. The 
Handbook reports that a license is not required in other areas of medical and health services 
management; however, certification is available in many areas of practice and that some employees 
obtain professional certification. The Handbook notes that the Professional Association of Health 
Care Office Management (PAHCOM) provides certification in medical management, that the 
American Health Information Management Association (AHIMA) offers health information 
management certification, and that the American College of Health Care Administrators (ACHCA) 
provides the Certified Assisted Living Administrator and Certified Nursing Home Administrator 
distinctions. 
We reviewed the PAHCOM website regarding its requirements for professional certification." 5 
The PAHCOM website states that its Certified Medical Manager (CMM) and its Health Information 
Technology Certified Manager for Physician Practice (HITCM-PP) are nationally recognized as the 
standard of excellence in physician office management. It further indicates that the programs 
provide recognition to office managers having the knowledge, skills, and experience necessary to 
successfully manage today's medical practices. The requirements for certification include: 
!d. 
• A minimum of three years of experience in the health care field (must be in support of patient 
care, such as a medical practice or other clinical environment); and, 
degree, such as a business administration degree, may be a legitimate prerequisite for a particular 
position, requiring such a degree, without more, will not justify the granting of a petition for an H-1 B 
specialty occupation visa. See, e.g., Tapis Jnt'l v. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); 
Shanti, 36 F. Supp. 2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 
([Comm'r] 1988) (providing frequently cited analysis in connection with a conceptually similar 
provision). This is as it should be: elsewise, an employer could ensure the granting of a specialty 
occupation visa petition by the simple expedient of creating a generic (and essentially artificial) degree 
requirement. 
5 For additional information regarding PAHCOM and its credentialing programs, see the Professional Association of 
Health Care Office Management website at https://www.pahcom.com (last visited Mar. 17, 20 16). 
8 
Matter of H-P- Corp. 
• Twelve college credit hours in courses (1) pertinent to healthcare or business management 
for the CMM credential; or (2) pertinent to healthcare, business management, or information 
technology for the HITCM-PP credential. The educational credit requirement is reduced by 
one hour for each year experience above the three year minimum. 
The P AHCOM website states that its credentialing program recognizes the qualifications and 
expertise of medical managers of physician practices. It specifically notes that the credential is not 
an entry level certification; but, rather, the CMM designation is the most senior in the industry, 
requiring both experience and education. 
We observe that the PAHCOM website does not indicate that medical manager positions have any 
particular degree requirements for entry, nor does it indicate that these positions require a degree to 
be identified as qualified and possessing a level of expertise/competence. Instead, P AHCOM 
stresses the importance of professional experience, along with a few courses in healthcare, business 
management and/or information technology. 
In addition, we reviewed the AHIMA website regarding its health information management 
certification. 6 The AHIMA website states that it is the premier association of health information 
management (HIM) professionals worldwide. The website also states that AHIMA credentials are 
earned through a challenging program of examinations, education, and experience, and maintained 
through continuous review and education. 
The AHIMA website indicates that there are two kinds of HIM certifications: (1) Registered Health 
Information Administrator (RHIA) certification; and (2) Registered Health Information Technician 
(RHIT) certification. According to the website, RHIA applicants must meet one of the following 
eligibility requirements: 
• Complete the academic requirements, at the baccalaureate level, of an HIM program 
accredited by the Commission on Accreditation for Health Informatics and Information 
Management Education (CAHIIM); or 
• Graduate from an HIM program approved by a foreign association with which AHIMA has a 
reciprocity agreement. 
In addition, RHIT applicants must meet one of the following requirements: 
• Complete the academic requirements, at an associate's degree level, of an HIM program 
accredited by the CAHIIM; or 
6 For additional information regarding AHIMA and its certification program, see the American Health Information 
Management Association website at http://www.ahima.org/ (last visited Mar. 17, 2016) 
9 
(b)(6)
Matter of H-P- Corp. 
• Graduate from an HIM program approved by a foreign association with which AHIMA has a 
reciprocity agreement. 
Notably, the AHIMA website does not indicate that at least a bachelor's degree in a specific 
specialty (or its equivalent) is required to work as a health information management professional 
and/or be HIM certified. 
We also reviewed the website regarding the Certified Assisted Living Administrator and 
Certified Nursing Horne Administrator distinctions. 7 According to the website, the 
professional certification program identifies and honors administrators and managers who are 
performing at an advanced level of skill and knowledge. The website states that its professional 
certification program promotes quality in the profession and improves the public image of 
administrators, as well as allows experienced and practicing administrators to validate their 
knowledge, skill and abilities. 
The website indicates that there are a number of paths available to candidates seeking to 
fulfill the education and experience requirements for the Certified Assisted Living Administrator 
distinction. These include possessing: (1) a high school diploma or General Education Diploma 
(G.E.D.) along with six years of full-time experience as an assisted living administrator/manager; (2) 
an associate's degree and four years of full-time experience as an assisted living 
administrator/manager; or (3) a baccalaureate degree and two years of full-time experience as an 
assisted living administrator/manager. Thus, the website does not indicate that at least a 
bachelor's degree in a specific specialty (or its equivalent) is required to work as an assisted living 
administrator/manager - or for certification. 
The requirements for the Certified Nursing Home Administrator distinction include the following: 
(1) two year licensure as a nursing home administrator; (2) two years of experience as a nursing 
home administrator; and (3) a baccalaureate degree if licensed after January 1, 1996. We note that a 
candidate is not required to have a degree in a specific specialty, but rather a degree in any field or a 
general-purpose degree is sufficient. 
Thus, the Handbook, PAHCOM, AHIMA, and do not support the claim that the "Medical 
and Health Services Managers" occupational category is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty , or its 
equivalent. Even if it did (which it does not), to satisfy the first criterion, the Petitioner must provide 
evidence to support a finding that the particular position proffered would normally have such a 
minimum, specialty degree requirement, or its equivalent. 
In response to the RFE, the Petitioner submitted a copy of the Occupational Information Network 
(O*NET) OnLine Summary Report for the "Medical and Health Services Managers" occupational 
7 For additional information regarding and its certification programs , see the 
(last visited Mar. 17, 20 16). 
10 
Matter of H-P- Corp. 
category. We find that O*NET does not establish that the proffered position qualifies as a specialty 
occupation. In general, O*NET is not particularly useful in determining whether a baccalaureate 
degree in a specific specialty, or its equivalent, is a standard entry requirement for a given position, 
as O*NET Job Zone designations make no mention of the specific field of study from which a 
degree must come. Furthermore, the Specialized Vocational Preparation (SVP) ratings, which are 
cited within O*NET's Job Zone designations, are meant to indicate only the total number of years of 
vocational preparation required for a particular position. The SVP ratings do not describe how those 
years are to be divided among training, formal education, and experience and it does not specify the 
particular type of degree, if any, that a position would require. Therefore, the O*NET is also not 
probative evidence that the proffered position qualifies as a specialty occupation. 
The Petitioner also cites to Residential Finance Corp. v. US. Citizenship & Immigration Services, 
839 F. Supp. 2d 985 (S.D. Ohio 2012) and Unical Aviation, Inc. v. INS, 248 F. Supp. 2d 931 (D.C. 
Cal 2002) for the propositions that a specialty occupation need not require a degree "in a specific 
academic major or have a specific title" and that the '"'body of highly specialized knowledge" which 
must be applied theoretically and practically in the performance of the duties of the occupation must 
by necessity be directly related to the duties of the occupation." 
We generally agree with the aforementioned propositions. For the aforementioned reasons, 
however, the Petitioner has not met its burden to establish that the particular position offered in this 
matter requires a bachelor's or higher degree in a specific specialty, or its equivalent, directly related 
to its duties in order to perform those tasks. 
In any event, the Petitioner has not furnished evidence to establish that the facts of the instant 
petition are analogous to those in those cases.8 We also note that, in contrast to the broad 
precedential authority of the case law of a United States circuit court, we are not bound to follow the 
published decision of a United States district court in matters arising even within the same 
district. See Matter of K-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a 
district judge's decision will be given due consideration when it is properly before us, the analysis 
does not have to be followed as a matter oflaw. !d. at 719. 
On appeal, the Petitioner refers to unpublished decisions in support of its claim that the proffered 
position is a specialty occupation. The Petitioner has furnished no evidence to establish that the 
facts of the instant petition are analogous to those in the unpublished decisions. While 8 C.P.R. 
§ 103 .3( c) provides that our precedent decisions are binding on all users employees in the 
administration of the Act, unpublished decisions are not similarly binding. 
8 In Residential Finance Corp., the district court judge's decision in that case appears to have been based largely on the 
many factual errors made by the service center in its decision denying the petition. We further note that the service 
center's decision was not appealed to us. Based on the district court's findings and description of the record, if that 
matter had first been appealed through the available administrative process, we may very well have remanded the matter 
to the service center for a new decision for many of the same reasons articulated by the district court if these errors could 
not have been remedied by us in our de novo review of the matter. 
11 
Matter of H-P- Corp. 
In the instant case, the duties and requirements of the position as described in the record of 
proceeding do not indicate that this particular position proffered by the Petitioner is one for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
The requirement of a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is common to the industry in parallel 
positions among similar organizations 
Next, we will review the record regarding the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). This prong alternatively calls for the Petitioner to establish that a 
requirement of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for 
positions that are identifiable as being (1) in the Petitioner's industry, (2) parallel to the proffered 
position, and also (3) located in organizations that are similar to the Petitioner. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook, or other authoritative source, reports a standard industry-wide requirement for at least 
a bachelor's degree in a specific specialty, or its equivalent. Thus, we incorporate by reference the 
previous discussion on the matter. Also, there are no submissions from the industry's professional 
association indicating that it has made a degree a minimum entry requirement. Furthermore, the 
Petitioner did not submit any letters or affidavits from similar firms or individuals in the Petitioner's 
industry attesting that such firms "routinely employ and recruit only degreed individuals." 
In support of the assertion that the proffered position is a specialty occupation under this criterion of 
the regulations, the Petitioner submitted copies of job advertisements. However, upon review of the 
documents, we find that the Petitioner's reliance on the job announcements is misplaced. 
On the Form I-129, the Petitioner stated that it is a home health care business with 48 employees. 
The Petitioner also reported its gross annual income as $3 million. The Petitioner did not provide its 
net annual income. The Petitioner designated its business operations under the North American 
Industry Classification System (NAICS) code 621610. 9 This NAICS code is designated for "Home 
9 According to the U.S. Census Bureau, NAICS is used to classify business establishments according to type of 
economic activity and, each establishment is classified to an industry according to the primary business activity taking 
12 
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Matter of H-P- Corp. 
Health Care Services." The U.S. Department of Commerce, Census Bureau website describes this 
NAICS code as follows: 
This industry comprises establishments primarily engaged in providing skilled 
nursing services in the home, along with a range of the following: personal care 
services; homemaker and companion services; physical therapy; medical social 
services; medications; medical equipment and supplies; counseling; 24-hour home 
care; occupation and vocational therapy; dietary and nutritional services; speech 
therapy; audiology; and high-tech care, such as intravenous therapy. 
U.S. Dep't of Commerce, U.S. Census Bureau, 2012 NAICS Definition, 621610- Home Health 
Care Services, http://www.census.gov/cgi-binlsssd/naics/naicsrch (last visited Mar. 17, 2016). 
For the Petitioner to establish that an organization in its industry is also similar under this criterion of 
the regulations, it must demonstrate that the Petitioner and the organization share the same general 
characteristics. Without such information, evidence submitted by the Petitioner is generally outside 
the scope of consideration for this criterion, which encompasses only organizations that are similar 
to the Petitioner. 
We will briefly note that, without more, the job postings do not appear to involve organizations 
similar to the Petitioner. 10 When determining whether the Petitioner and the organization share the 
same general characteristics, such factors may include information regarding the nature or type of 
organization, and, when pertinent, the particular scope of operations, as well as the level of revenue 
and staffing (to list just a few elements that may be considered). It is not sufficient for the Petitioner 
to claim that an organization is similar and in the same industry without providing a legitimate basis 
for such an assertion. "[G]oing on record without supporting documentary evidence is not sufficient 
for purposes of meeting the burden of proof in these proceedings." In re Sofjici, 22 I&N Dec. 158, 
165 (Comm'r 1998) (citing Matter of Treasure Craft of Cal., 14 I&N Dec. 190 (Reg'l Comm'r 
1972)). 
We further observe that some of the advertisements do not appear to involve parallel positions. For 
example, one of the postings is for the position of compliance monitoring analyst, which requires a 
degree and three or more years of experience in Medicare Advantage or Part D plan operations. The 
Petitioner also submitted an advertisement for the position of manager, healthcare analytics, which 
requires a degree and "[o]ver 3 years and up to and including 5 years ofhealthcare experience." The 
Petitioner designated its proffered position as a wage level I (entry level) position on the LCA.11 
place there. See http://www.census.gov/eos/www/naics/ (last visited Mar. 17, 2016). 
10 The postings include the following: (1) a company that "operates the largest private Medicare exchange in the 
country"; (2) a company in the health insurance industry; and (3) a company that "manages and operates medical groups 
and affiliated physician networks." It does not appear that the advertisements are from companies engaged primarily in 
home health care services. 
11 The "Prevailing Wage Determination Policy Guidance" issued by DOL provides a description of the wage levels. A 
Levell wage rate is described by DOL as follows: 
13 
Matter of H-P- Corp. 
The advertised positiOns therefore appear to involve more senior positiOns than the proffered 
position. More importantly, the Petitioner has not sufficiently established that the primary duties and 
responsibilities of the advertised positions are parallel to those of the proffered position. 
In addition, none of the postings indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. 12 The job postings suggest, at best, that although a 
bachelor's degree is sometimes required for compliance analyst positions, a bachelor's degree in a 
specific specialty (or its equivalent) is not.13 
As the documentation does not establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 14 That is, not every deficit of every job posting has been addressed. 
Level I (entry) wage rates are assigned to job offers for beginning level employees who have 
only a basic understanding of the occupation. These employees perform routine tasks that require 
limited, if any, exercise of judgment. The tasks provide experience and familiarization with the 
employer's methods, practices, and programs. The employees may perform higher level work for 
training and developmental purposes. These employees work under close supervision and receive 
specific instructions on required tasks and results expected. Their work is closely monitored and 
reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an 
internship are indicators that a Level I wage should be considered. 
U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/ 
pdf/NPWHC _Guidance_ Revised _11_2009 .pdf. 
12 As discussed, the degree requirement set by the statutory and regulatory framework of the H-1 B program is not just a 
bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the 
position. See section 214(i)(1)(b) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). To reiterate, although a general-purpose 
bachelor's degree, such as a degree in business administration, may be a legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justify a finding that a particular position qualifies for classification as a 
specialty occupation. See Royal Siam Corp. v. Cherto.ff, 484 F.3d at 147. Further, a preference for a degree in a field is 
not necessarily an indication of a minimum requirement. 
13 It must be noted that even if all of the job postings indicated that a bachelor's degree in a specific specialty, or its 
equivalent, is common to the industry in parallel positions among similar organizations (which they do not), the 
Petitioner does not demonstrate what inferences, if any, can be drawn from these advertisements with regard to 
determining the common educational requirements for entry into parallel positions in similar organizations. See 
generally Earl Babbie, The Practice of Social Research 186-228 (1995). 
As such, even if the job announcements supported the finding that the position required a bachelor's or higher degree in 
a specific specialty, or its equivalent (for organizations in the same industry that are similar to the Petitioner), it cannot 
be found that such a limited number of postings that appear to have been consciously selected outweigh the findings of 
the Handbook published by the Bureau of Labor Statistics that such a position does not normally require at least a 
baccalaureate degree in a specific specialty, or its equivalent, for entry into the occupation in the United States. 
14 The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
14 
Matter of H-P- Corp. 
Thus, based upon a complete review of the record, the Petitioner has not established that a 
requirement of a bachelor's or higher degree in a specific specialty, or its equivalent, is common to 
the Petitioner's industry in positions that are (1) in the Petitioner's industry, (2) parallel to the 
proffered position, and also (3) located in organizations that are similar to the Petitioner. For the 
reasons discussed above, the Petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
The particular position is so complex or unique that it can be performed only by 
an individual with a baccalaureate or higher degree in a 
specific specialty, or its equivalent 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In support of its assertion that the proffered position qualifies as a specialty occupation, the 
Petitioner described the proffered position and its business operations. Upon review, we find that 
the Petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
proffered position. For instance, the Petitioner did not submit information relevant to a detailed 
course of study leading to a specialty degree and did not establish how such a curriculum is 
necessary to perform the duties it may believe are so complex and unique. While a few related 
courses may be beneficial in performing certain duties of the position, the Petitioner has not 
demonstrated how an established curriculum of such courses leading to a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is required to perform the duties of the proffered 
position. The description of the duties does not specifically identify any tasks that are so complex or 
unique that only a specifically de greed individual could perform them. 15 
The record does not establish which of the duties, if any, of the proffered position would be so 
complex or unique as to be distinguishable from those of similar but non-degreed or non-specialty 
degreed employment. The evidence of record does not establish that this position is significantly 
different from other positions in the occupational category such that it refutes the Handbook's 
15 Again, the Petitioner designated the proffered position on the LCA at a Levell (entry level) wage level, which is the 
lowest of four assignable wage-levels. This designation indicates that the proffered position is a low-level, entry position 
relative to others within the "Medical and Health Services Managers" occupational category. The Petitioner's 
designation of this position as a Level I, entry-level position undermines its claim that the position is particularly 
complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a Level I wage­
designation does not preclude a proffered position from classification as a specialty occupation, just as a Level IV wage­
designation does not definitively establish such a classification. In certain occupations (e.g., doctors or lawyers), a Level 
I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for 
entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty 
occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree in a specific 
specialty, or its equivalent. That is, a position's wage level designation may be a relevant factor but is not itself 
conclusive evidence that a proffered position meets the requirements of section 214(i)(l) of the Act. 
15 
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Matter of H-P- Corp. 
information that a bachelor's degree in a specific specialty, or its equivalent, is not required for the 
proffered position. 
The Petitioner claims that the Beneficiary is well qualified for the position, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner has not satisfied the second 
alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
The employer normally requires a baccalaureate or higher degree in a 
specific specialty, or its equivalent, for the position 
The third criterion of 8 C.F .R. § 214.2(h)( 4 )(iii)( A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. To 
this end, we review the Petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position, and any other documentation submitted by a 
petitioner in support of this criterion of the regulations. 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not merely a matter of preference for high-caliber candidates 
but is necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree, that statement alone without corroborating evidence 
cannot establish the position as a specialty occupation. Were USCIS limited solely to reviewing a 
petitioner's claimed self-imposed requirements, then any individual with a bachelor's degree could 
be brought to the United States to perform any occupation as long as the petitioner artificially 
created a token degree requirement, whereby all individuals employed in a particular position 
possessed a baccalaureate or higher degree in the specific specialty, or its equivalent. See Defensor 
v. Meissner, 201 F.3d at 388. In other words, if a petitioner's stated degree requirement is only 
designed to artificially meet the standards for an H-1B visa and/or to underemploy an individual in a 
position for which he or she is overqualified and if the proffered position does not in fact require 
such a specialty degree or its equivalent, to perform its duties, the occupation would not meet the 
statutory or regulatory definition of a specialty occupation. See section 214(i)( 1) of the Act; 
8 C.F .R. § 214.2(h)( 4 )(ii) (defining the term "specialty occupation"). 
To satisfy this criterion, the evidence of record must show that the specific performance 
requirements of the position generated the recruiting and hiring history. A petitioner's perfunctory 
declaration of a particular educational requirement will not mask the fact that the position is not a 
specialty occupation. USCIS must examine the actual employment requirements, and, on the basis 
of that examination, determine whether the position qualifies as a specialty occupation. See 
generally Defensor v. Meissner, 201 F. 3d 384. In this pursuit, the critical element is not the title of 
the position, or the fact that an employer has routinely insisted on certain educational standards, but 
whether performance of the position actually requires the theoretical and practical application of a 
body of highly specialized knowledge, and the attainment of a baccalaureate or higher degree in the 
16 
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Matter of H-P- Corp. 
specific specialty as the minimum for entry into the occupation as required by the Act. To interpret 
the regulations any other way would lead to absurd results: if USCIS were constrained to recognize 
a specialty occupation merely because the Petitioner has an established practice of demanding 
certain educational requirements for the proffered position - and without consideration of how a 
beneficiary is to be specifically employed- then any individual with a bachelor's degree in a specific 
specialty could be brought into the United States to perform non-specialty occupations, so long as 
the employer required all such employees to have baccalaureate or higher degrees. See id. at 388. 
The Petitioner stated in the Form 1-129 that it was established in 2002 (approximately 12 years prior 
to the filing of the H-1B petition) and that it has 48 employees. Upon review of the record, we find 
that the Petitioner did not submit information regarding employees who currently or previously held 
the position. The record does not establish that the Petitioner normally requires at least a bachelor's 
degree in a specific specialty, or its equivalent, directly related to the duties of the position. Thus, 
the Petitioner has not satisfied the third criterion of 8 C.F.R. § 214.2(h)( 4)(iii)(A). 
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 in a spec(fic specialty, or its equivalent 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner claims that the nature of the specific duties of the position in the context of its 
business operations is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. We reviewed the Petitioner's statements regarding the duties of the proffered position 
and its business operations. However, relative specialization and complexity have not been 
sufficiently developed by the Petitioner as an aspect of the proffered position. That is, the proposed 
duties have not been described with sufficient specificity to establish that they are more specialized 
and complex than positions that are not usually associated with at least a bachelor's degree in a 
specific specialty, or its equivalent. 
We further incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the proffered position in the LCA as a Level I position (of the lowest 
of four assignable wage-levels) relative to others within the occupational category. Without more, 
the position is one not likely distinguishable byrelatively specialized and complex duties. That is, 
without further evidence, the Petitioner has not demonstrated that its proffered position is one with 
specialized and complex duties as such a position would likely be classified at a higher-level, such as 
17 
Matter of H-P- Corp. 
a Level III (experienced) or Level IV (fully competent) position, requiring a substantially higher 
prevailing wage.16 
Although the Petitioner asserts that the nature of the specific duties is specialized and complex, the 
record lacks sufficient evidence to support this claim. Thus, the Petitioner has submitted inadequate 
probative evidence to satisfy the criterion ofthe regulations at 8 C.P.R.§ 214.2(h)(4)(iii)(A)(4). 
For the reasons related in the preceding discussion, the Petitioner has not established that it has 
satisfied any of the criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that 
the proffered position qualifies as a specialty occupation. For these reasons, the petition as currently 
constituted cannot be approved and this matter must be remanded to the Director for issuance of a 
new decision. 
IV. CONCLUSION AND ORDER 
As discussed, the evidence of record does not demonstrate that the proffered position is a specialty 
occupation. Consequently, the matter will be remanded to the Director for further review and 
issuance of a new decision in accordance with the applicable statutory and regulatory provisions. 
The Director may request any additional evidence considered pertinent to the new determination. 
ORDER: The decision of the Director, California Service Center, is withdrawn. The matter is 
remanded to the Director, California Service Center, for further proceedings 
consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter ofH-P- Corp., ID# 15825 (AAO Mar. 18, 2016) 
16 A Level IV (fully competent) position is designated by DOL for employees who "use advanced skills and diversified 
knowledge to solve unusual and complex problems" and requires a significantly higher wage. For additional information 
regarding wage levels as defined by DOL, see U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage 
Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _11_ 2009.pdf. 
18