remanded H-1B Case: Health Services

identifying data deleted to 
prevent clearly unwarranted 
invasion of wnal privc~cy 
U.S. Department of ZIomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington. DC 20529 - 
U. S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: SRC 04 2 12 5 1696 Office: TEXAS SERVICE CENTER Date: AUG 2 9 2006 
IN RE: 
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. 8 1 1 Ol(a)( 1 5)(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, Chief 
Administrative Appeals Office 
SRC 04 212 51696 rJ 
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 The director's decision will be withdrawn and the 
matter remanded for entry of a new decision. 
The petitioner is an assisted living facility that seeks to employ the beneficiary as a health services manager 
and 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. 4 1 101 (a)(lS)(H)(i)(b). 
The director denied the petition on the basis that the beneficiary was not qualified to perform the duties of a 
specialty occupation. The director found that the beneficiary's nursing degree was not directly related to the 
position. A typographical error in the director's decision initially listed the position as general manager, but 
the director went on to identify the position as a medical health services manager. On appeal, counsel asserts 
that the director incorrectly reclassified the position and that the beneficiary is qualified for the position. 
Counsel submits a brief and additional evidence. 
The issue before the AAO is whether the beneficiary is qualified to perform the duties of the proposed 
position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for further evidence (WE); (3) the petitioner's response to the RFE; (4) the director's denial 
letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in its entirety 
before issuing its decision. 
The petitioner lists the proposed position as a health services manager. Evidence of the beneficiary's duties 
includes the Form 1-129 with a support letter, the response to the WE, and counsel's brief on appeal. 
According to this evidence, the beneficiary's would: 
Direct employee health services of the facility; interpret plant and departmental health 
policies and regulations to nursing staff and employees. Coordinates [sic] activities of 
personnel rendering assistance to physician[s] and nursing care to employees. Be responsible 
for the daily operation of a rehab team. Assist [the] Administrator for health information and 
medical record[s]. Establish work schedules for nursing staff and requisitions [sic] supplies. 
Recommend appointment of nursing personnel. Evaluate personnel and work. 
The petitioner stated that the position required a bachelor's degree in nursing (BSN), health care, or a related 
field. 
To determine whether an alien is qualified to perform the duties of a specialty occupation, CIS looks to the 
petitioner to establish that the beneficiary meets one of the requirements set forth at Section 214(i)(2) of the 
Act, 8 U.S.C. 11842(i)(2) - full state licensure to practice in the occupation, if such licensure is required; 
completion of a degree in the specific specialty; or experience in the specialty equivalent to the completion of 
such degree and recognition of expertise in the specialty through progressively responsible positions relating 
to the specialty. 
Further discussion of how an alien qualifies to perform services in a specialty occupation is found at 8 C.F.R. 
4 2 14.2(h)(4)(iii)(C), and requires the individual to: 
(I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
SRC 04 212 51696 
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(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 
(4) Have education, specialized training, andlor 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. 
The record does not indicate that the beneficiary holds a U.S. baccalaureate or higher degree required by the 
proffered position. She does, however, possess a foreign degree that the petitioner asserts is the equivalent of a 
U.S. baccalaureate degree required by health service managers. To establish the beneficiary's academic 
qualifications to perform the duties of a health services manager, the petitioner has submitted copies of the 
beneficiary's diploma from Ortanez University in The Philippines, her academic transcripts from that institution, 
and an evaluation from Gerald L. Itzkowitz of Morningside Evaluations and Consulting. The evaluation 
concludes that the beneficiary holds the equivalent of a U.S. bachelor's degree in nursing. Based on its review of 
the record, the AAO concurs with the Morningside evaluation. The beneficiary's degree is the equivalent of a 
U.S. baccalaureate degree in nursing. 
The petitioner indicates that it would like to employ the beneficiary as a manager, and cites the standards for 
facility licensure found at section 92.41 of the Department of Aging and Disability Services Licensing 
Standards, subchapter C. These standards state: 
(A) Qualifications. In small facilities, the manager must have proof of graduation from an 
accredited high school or certification of equivalency of graduation. In large facilities, a 
manager must have: 
(i) an associate's degree in nursing, health care management, or a related field; 
(ii) a bachelor's degree; or 
(iii) proof of graduation from an accredited high school or certification of equivalency of 
graduation and at last one year of experience working in management or in health 
care industry management. 
As an associate's degree in nursing or a bachelor's degree is sufficient for entry into the proffered position, 
the AAO finds the beneficiary's degree equivalency to establish her qualifications to perform the duties of a 
health services manager under section 92.41 of the Department of Aging and Disability Services Licensing 
Standards, subchapter C. 
The petition may not be approved, however, as the record does not establish the proffered position as a 
specialty oc,cupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "specialty occupation" as an occupation 
that requires: 
SRC 04 212 51696 
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(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. $ 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. 
$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. 
Although the petitioner contends that the duties of the proffered position are those of a health services 
manager, the AAO finds them to be more closely aligned to the employment of nurse administrators, an 
occupation that the Handbook reports does not impose the minimum of a baccalaureate degree requirement on 
those seeking entry-level employment. Nurse administrators supervise nursing staff, establish work schedules 
and budgets, and maintain medical supply inventories. According to the petitioner's description, the 
beneficiary will "interpret plant and departmental health policies to nursing staff and employees," "coordinate 
activities of personnel rendering assistance to physicians," and "establish work schedules for nursing staff and 
requisition supplies," much like a nurse administrator.' 
On appeal, counsel submits material related to licensing standards for Types A, B, and E assisted living 
facilities in Texas, which indicates that the managers of assisted living facilities must hold an associate's 
degree in nursing, health management, or a related field; a bachelor's degree; or proof of graduation from 
high school (or its equivalent) and at least one year of experience working in management or in health care 
industry management. This material undermines the petitioner's contention that the proffered position is a 
specialty occupation. As noted above, in order for a position to be considered a specialty occupation, it must 
require a bachelor's or higher degree in a specific field of study as a minimum for entry into the occupation. 
If, as counsel appears to contend, the proffered position's degree requirement is comparable to that of a 
manager of an assisted living facility then it is not a specialty occupation since it may be performed by 
individuals with less than a baccalaureate degree in a directly-related field. 
I The record does not establish that the beneficiary is qualified to perform the duties of a nurse administrator. 
Nurse administrators require licensure in all 50 states, including Texas. The record does not establish that the 
beneficiary is a licensed registered nurse in Texas. 
SRC 04 212 51696 
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As the director has not determined whether the proffered position may be established as a specialty 
occupation, the petition will be remanded. 
For reasons related in the preceding discussion, the AAO will withdraw the director's decision and remand 
the instant case to the director for a decision as to whether the proffered position qualifies as a specialty 
occupation. The director may request such evidence as may be necessary to assist in reaching that 
determination. The director shall then issue a new decision based on the evidence of record, as it relates to 
the statutory and regulatory requirements for H-1B nonimmigrant visa eligibility. 
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 of January 14, 2005 is withdrawn. The petition is remanded to the 
director for entry of a new decision, which, if adverse to the petitioner, shall be certified to the 
AAO for review.