remanded H-1B Case: Medical Coding

U.S. Citizenship 
and Immigration 
Services 
In Re: 6667742 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 23, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "coder auditor" under the H-lB 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b) . The H-lB program allows a U.S. 
employer to temporarily employ a qualified foreign worker in a position that requires both: (a) the 
theoretical and practical application of a body of highly specialized knowledge; and (b) the attainment 
of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite 
for entry into the position . 
The Director of the California Service Center denied the petition, concluding that the evidence of 
record does not establish that the Beneficiary is qualified for the proffered position . On appeal, the 
Petitioner asserts that the Director erred in the decision. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will withdraw the decision of the 
Director. The matter is remanded for the entry of a new decision consistent with the analysis below. 
I. ANALYSIS 
As noted, the Director concluded that the record did not establish that the Beneficiary is qualified for 
the proffered position. However, we find the conclusion premature, as the record of proceedings does 
not establish that the certified labor condition application (LCA) corresponds to and supports the 
H-lB petition. 
The purpose of the LCA wage requirement is "to protect U.S. workers' wages and eliminate any 
economic incentive or advantage in hiring temporary foreign workers." 1 It also serves to protect H-lB 
workers from wage abuses. A petitioner submits the LCA to the Department of Labor (DOL) to 
demonstrate that it will pay an H-lB worker the higher of either the prevailing wage for the 
occupational classification in the area of employment or the actual wage paid by the employer to other 
1 See Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-lB Visas in Specialty 
Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United 
States, 65 Fed. Reg. 80,110, 80,110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56). 
employees with similar duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. 
§ 655.73l(a). While DOL certifies the LCA, U.S. Citizenship and Immigration Services (USCIS) 
determines whether the LCA's content corresponds with the H-lB petition. See 20 C.F.R. 
§ 655.705(b) ("DHS determines whether the petition is supported by an LCA which corresponds with 
the petition, .... "). 
On the LCA, the Petitioner designated the proffered position under the occupational category for 
"Statisticians," (and specifically, the included occupation of Clinical Data Managers) corresponding 
to the Standard Occupational Classification (SOC) code 15-2041. The Petitioner selected a Level I 
wage as consonant with the job requirements, necessary experience, education, special skills, and other 
requirements of the proffered position. 
When comparing the proposed duties of the proffered position to those provided in the Occupational 
Information Network (O*NET), it is not clear that the Petitioner selected the appropriate SOC code 
for the proffered position. The DOL's "Prevailing Wage Determination Policy Guidance" provides 
clear guidance for selecting the most relevant O*NET occupational code classification, as follows: 
In determining the nature of the job offer, the first order is to review the requirements 
of the employer's job offer and determine the appropriate occupational classification. 
The O*NET description that corresponds to the employer's job offer shall be used to 
identify the appropriate occupational classification . . . . If the employer's job 
opportunity has worker requirements described in a combination of O*NET 
occupations, the NPWHC should default directly to the relevant O*NET-SOC 
occupational code for the highest paying occupation. For example, if the employer's 
job offer is for an engineer-pilot, the NPWHC shall use the education, skill and 
experience levels for the higher paying occupation when making the wage level 
determination. 
According to O*NET, clinical data managers (SOC code 15-2041.02) generally: 
Apply knowledge of health care and database management to analyze clinical data, and to 
identify and report trends. 
O*NET also contains an entry for medical records and health information technicians (SOC code 29-
2071 ). 2 Medical records and health information technicians generally: 
Process, maintain, compile, and report patient information for health requirements and 
standards in a manner consistent with the healthcare industry's numerical coding system. 
The Director should therefore compare the job descriptions the Petitioner provided in its initial filing, 
in response to the request for evidence, and on appeal to the complete list of "tasks" provided for 1) 
clinical data managers, 2) medical records and health information technicians, and 3) any other related 
occupations in O*NET to determine whether the Petitioner selected the most appropriate SOC code. 
The Director should then determine whether the Petitioner selected the proper wage level. 
2 See https://www.onetonline.org/link/summary/29-2071.00. 
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Accordingly, the matter will be remanded to the Director to consider the LCA issue and enter a new 
decision. The Director may request any additional evidence considered pertinent to the new 
determination and any other issue. As such, we express no opinion regarding the ultimate resolution 
of this case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
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