remanded H-1B Case: Mental Health Counseling

U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-P-S-, PLLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT CLASSIFICATION 
The Petitioner, a mental health counseling company, seeks to temporarily employ the Beneficiary as 
a "associate psychologist" under the H-lB nonimmigrant classification for specialty occupations. 
Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(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 Vermont Service Center denied the petition, concluding that the Petitioner did not 
establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and additional documentation and asserts that the Director erred in denying the petition. 
Upon de nova review, we will withdraw the Director's decision. We will remand the matter for further 
proceedings consistent with the analysis below and for the entry of a new decision. 
I. ANALYSIS 
Considering the Petitioner's statements and evidence collectively within the record, we conclude that 
as presented, the proffered position qualifies as a specialty occupation. The totality of the evidence is 
sufficient to establish that the nature of the specific duties proposed for the Beneficiary is so 
specialized and complex that the knowledge required to perform them is usually associated with at 
least a U.S. bachelor's degree in a specific specialty, as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
We therefore withdraw the Director's decision. However, even though the record of proceedings is 
sufficient to establish the position qualifies as a specialty occupation, the record does not appear to 
establish that: (1) the Beneficiary qualifies for the proffered position; and (2) the labor condition 
application (LCA) corresponds to and supports the H-IB petition. 
A. Beneficiary Qualifications 
In the LCA, the Petitioner designated the proffered position under the occupational category "Mental 
Health Counselors" corresponding to the Standard Occupational Classification code 21-1014. We 
Matter of R-P-S-, PLLC 
recognize the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) as an 
authoritative source on the duties and educational requirements of the wide variety of occupations that 
it addresses. 1 Thus, we reviewed the Handbook's subchapter entitled "How to Become a Substance 
Abuse, Behavioral Disorder, or Mental Health Counselor," which states, in pertinent part: "[ a ]11 states 
require mental health counselors to be licensed." 2 
The Petitioner provided the following in attempt to establish that the Beneficiary qualifies to perform 
the duties of the proffered position: 
• Doctor of Philosophy de ,---'-'----L-------,------' 
• Master's degree from._...,,,,========---. 
• Master's degree from th and 
• Bachelor's degree from th L----------~ 
However, the Petitioner did not provide evidence that the Beneficiary has obtained a licensure as a 
mental health counselor from the State of New York. Thus, the Petitioner does not appear to have 
demonstrated that the Beneficiary qualifies to perform the duties of the proffered position, which was 
classified under the occupational category "Mental Health Counselors." 
B. Labor Condition Application 
Moreover, it does not appear that the LCA corresponds to and supports the H-1 B petition. In the 
petition and LCA, the Petitioner indicated that the proffered position is a full-time position; however, 
on page 5 of the petition, the Petitioner states that the Beneficiary will work 5-7 hours per week. Thus, 
it does not appear that the Beneficiary's position is a full-time position. 
II. CONCLUSION 
As the Petitioner was not previously accorded the opportunity to address the above, we will remand 
the record for further review of these issues. The Director may request any additional evidence 
considered pertinent to the new determination. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and for the entry of a new decision. 
Cite as Matter of R-P-S-, PLLC, ID# 4707405 (AAO Sept. 12, 2019) 
1 All of our references are to the 2018-2019 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. 
2 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Substance Abuse, Behavioral 
Disorder, and Mental Health Counselors, https://www.bls.gov/ooh/community-and-social-service/substance-abuse­
behavioral-disorder-and-mental-health-counselors.htm#tab-4 (last visited Sept. 11, 2019). 
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