remanded H-1B Case: Veterinary Medicine

aUBLlC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 03 137 5506 1 Office: CALIFORNIA SERVICE CENTER Date: OCT 0 3 2005 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section I Ol(a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 10 l(a)(l S)(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 Office 
EAC 03 137 55061 
Page 2 
DISCUSSION: The director of the service center 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 The director's decision will be withdrawn. The 
petition will be remanded for the entry of a new decision. 
The petitioner is an animal hospital that seeks to extend the employment of the beneficiary as a training 
veterinarian (senior veterinary technician). The petitioner, therefore, endeavors to classify the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to section 10 1 (a)(lS)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). The director denied the petition because the 
evidence does not establish that the petitioner engages in a business to employ a specialty occupation 
position. On appeal, counsel submits a brief and new evidence. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) counsel's response to the director's request; (4) the director's 
denial letter; and (5) Form 1-290B and supporting documentation. The AAO reviewed the record in its 
entirety before issuing its decision. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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. 
Pursuant to 8 C.F.R. tj 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. 
3 214.2(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. 
EAC 03 137 55061 
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The petitioner is seeking the beneficiary's services as a training veterinarian (senior veterinary technician). 
Evidence of the beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; 
and counsel's response to the director's request for evidence. According to this evidence, the beneficiary 
would perform duties that entail taking vital signs, performing routine diagnostic tests, administering topical, 
oral, intramuscular and intravenous medication, drawing blood, taking and reading x-rays, dental procedures, 
surgical preparation, intubation and anesthesia, surgical assistance, wound dressing and the education of 
animal owners regarding their pet's health and diet; and occasional supervision of lower level employees. 
The petitioner indicated that the position requires a bachelor's degree in veterinary technology or its 
equivalent. The petitioner stated that the State of Connecticut does not require that the training veterinarian 
have a veterinarian license as they must work under the supervision of a licensed veterinarian. 
The director issued a request for additional information showing that the requirement of a baccalaureate 
degree in a specific specialty or related field is a standard minimum requirement for the job offered. The 
director requested a detailed description of the proffered position that is on file with the petitioner's human 
resource office and the description should show the date it was drafted and the minimum education 
requirements. The director requested a weekly breakdown of the number of hours devoted to each of the 
beneficiary's proposed duties and explain how many employees the beneficiary is expected to supervise, if 
any. The director requested a list of individuals who have held the proffered position or currently hold the 
position. The director indicated that the list should indicate their degree, field of study, date hired by the 
petitioner, the individual immigration status and a copy of their degree. The director requested evidence that 
the beneficiary is exempt from licensing requirements to practice as a veterinarian in the state of intended 
employment. 
In response, the petitioner stated "the requirement of a specialized bachelor's degree in animal science or pre- 
veterinary studies (or equivalent) is a common one for positions in large hospitals with duties similar to our 
training veterinarian (senior veterinary technician)." The petitioner explained that these positions perform 
important intermediate duties, below those of a licensed veterinarian but with more responsibility than those 
of a veterinary assistant or entry-level veterinarian technician. The petitioner added that an associate's degree 
would be a fairly typical entry-level qualification for a veterinary technician. The petitioner provided 
advertisements for similar positions and a letter from a competitor indicating a bachelor's degree or higher 
requirement. The petitioner noted that it currently employed a legal permanent resident training veterinarian 
(senior veterinary technician) and provided a copy of his translated foreign degree indicating that he has a 
doctor of veterinary medicine. The petitioner emphasized that the proffered position's duties include 
advanced tasks such as pre-surgical preparation, dental cleaning, intubation and catheterization, and 
radiography as well as training and providing work direction for numerous veterinary assistants. The 
petitioner explained that it is "impossible to give a reliable breakdown of these duties as there is significant 
variation depending on shift, emergencies to be dealt with, the training needs of new employees, etc." The 
petitioner provided an organizational chart indicating another employee with the same title as the proffered 
position. 
The director denied the petition and referred to the Department of Labor's Occupational Outlook Hundbook 
(the Handbook) (2002-2003 edition) and noted that the proffered position was similar to that of veterinary 
EAC 03 137 55061 
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technologist and technicians as described in the "Other Occupations Not Studied in Detail" section. The 
director noted that the Handbook indicated that the most significant source of training for veterinary 
technologists and technicians was an associate's degree. The director found that the proffered position was 
not a specialty occupation. 
On appeal, counsel asserts that the proffered position is a specialty occupation and refers to new evidence, the 
2004-2005 edition of the Handbook. Counsel asserts that the Handbook indicated that a four-year veterinary 
technology degree is the typical qualification for upper-level support positions like the proffered position. 
Counsel asserts that the proffered position's key duties, including the administration of anesthesia, intubation 
and catheterization, reading x-rays, and administering intravenous and intramuscular medications, are 
complex and have high consequences in case of error; therefore, the position requires a bachelor's degree in a 
specific specialty. 
The 2004-2005 edition of the Handbook devotes a full section to the occupations of veterinary technologist 
and technician. The Handbook reveals that owners of pets and other animals today expect state-of-the-art 
veterinary care. To provide this service, veterinarians use the skills of veterinary technologists and 
technicians, who perform many of the same duties for a veterinarian that a nurse would for a physician, 
including routine laboratory and clinical procedures. Although specific job duties vary by employer, there 
often is little difference between the tasks done by technicians and by technologists, despite some differences 
in formal education and training. As a result, most workers in this occupation are called technicians. 
The Handbook provides examples of duties performing various medical tests along with treating and 
diagnosing medical conditions and diseases in animals. For example, they may perform laboratory tests such 
as urinalysis and blood counts, assist with dental prophylaxis, prepare tissue samples, take blood samples, or 
assist veterinarians in a variety of tests and analyses in which they often utilize various items of' medical 
equipment, such as test tubes and diagnostic equipment. While most of these duties are performed in a 
laboratory setting, many tasks are not. For example, some veterinary technicians obtain and record patient 
case histories, expose and develop x-rays, and provide specialized nursing care. The Handbook indicates that 
experienced veterinary technicians may discuss a pet's condition with its owners and train new clinic 
personnel. 
The Handbook states the following about the training and education of veterinary technologists and 
technicians: 
There are primarily two levels of education and training for entry to this occupation-a 2- 
year program for veterinary technicians and a 4-year program for veterinary technologists. 
Most entry-level veterinary technicians have a 2-year degree, usually an associate degree, 
from an accredited community college program in veterinary technology, in which courses 
are taught in clinical and laboratory settings using live animals. 
Upon review of the record, the AAO finds that the petitioner has established that the proffered position, a 
training veterinarianlveterinary technologist, is a specialty occupation meeting the criteria 8 C.F.R. 
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9 214.2(h)(4)(iii)(A)(4) which requires that the petitioner establish that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. The petitioner has established that the beneficiary's duties are 
more advanced and complex than the duties listed in the Handbook for a veterinary technician. The petitioner 
therefore establishes 8 C.F.R. 9 214.2(h)(4)(iii)(A)(4). 
The petition may not granted, however, as the director has not made a determination on whether the 
beneficiary is qualified for the position under the criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(C). The petitioner 
asserts that the State of Connecticut does not require licensure or certification for the proffered position. 
The director's decision will be withdrawn and the matter remanded for entry of a new decision. The: director 
may afford the petitioner reasonable time to provide evidence pertinent to the issue of whether the beneficiary 
is qualified to perform the duties of the specialty occupation. The director shall then render a new decision 
based on the evidence of record as it relates to the regulatory requirements for eligibility. As always, the 
burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. 
ORDER: The director's February 5, 2004 decision is withdrawn. The petition is remanded to the director 
for entry of a new decision, which if adverse to the petitioner, is to be certified to the AAO for 
review.