sustained H-1B Case: Business Management

U.S. Department of Homeland Security
20 Massachusetts Ave. NW, Rm. 3000
Washington, DC 20529
r",
u.S. Citizenship
and Immigration
Services
FILE: WAC 03 23950213 Office: CALIFORNIA SERVICE CENTER Date: AUG] 5 2006
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 u.s.c § 1101(a)(l5)(H)(i)(b)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All materials have been returned to
the office that originally decided your case. Any further inquiry must be made to that office.
". :,,_'1
,c"" (j~i4__
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
WAC 0323950213
Page 2
DISCUSSION: The service center director denied the nonimmigrant visa petition. The petitioner filed an
appeal, which was dismissed by the AAO . Exercising its discretion under 8 c.P.R. § 103.5(a)(5), the AAO will
reconsider its decision, withdraw its previous decision, and sustain the appeal. The petition will be approved.
The petitioner is a chain restaurant business . It seeks to employ the beneficiary as a management analyst and
to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 101 (a)(l5)(H)(i)(B) of
the Immigration and Nationality Act (the Act), 8 U .S.c. § 1l01(a)(l5)(H)(i)(B).
The petition was previously denied by the director and the AAO on the ground that the record failed to
establish that the beneficiary is qualified to perform services in the specialty occupation.
Section 214(i)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1184(i)(1), 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.
Section 214(i)(2) of the Act, 8 U.S.c. § 1184(i)(2), provides that an alien applying for classification as an
H-1B nonimmigrant worker must possess:
(A) full state licensure to practice in the occupation , if such licensure is required to
practice in the occupation, [and]
(B) completion ofthe degree described in paragraph (l)(B) for the occupation, or
(C) (i) experience in the specialty equivalent to the completion of such degree, and
(ii) recognition of expertise in the specialty through progressively responsible
positions relating to the specialty.
As further explained in 8 C.P.R. § 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation
the alien must meet one of the following criteria :
(1) Hold a United States baccalaureate or higher degree required by the specialty
occupation from an accredited college or university;
(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
WAC 0323950213
Page 3
(4) Have education, specialized trammg, and/or 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 of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the
director's request for evidence (RFE); (3) the petitioner's responses to the RFE; (4) the notice of decision; (5)
Form 1-290B, counsel's appeal brief, and supporting materials; and (6) the AAO's initial decision. The AAO
has reviewed the record in its entirety before issuing its decision upon reconsideration.
The only issue before the AAO is whether the beneficiary is qualified to perform the services of a
management analyst. The Department of Labor's Occupational Outlook Handbook (Handbook), which the
AAO routinely consults as an authoritative source of information about the educational requirements of
particular occupations, states the following with respect to management analysts:
Educational requirements for entry-level jobs in this field vary widely between private
industry and government. Most employers in private industry generally seek individuals with
a master's degree in business administration or a related discipline. Some employers also
require additional years of experience in the field or industry in which the worker plans to
consult. . .. Some will hire workers with a bachelor's degree as a research analyst or
associate . . . . Most government agencies hire people with a bachelor's degree and no
pertinent work experience for entry-level management analyst positions.
Few universities or colleges offer formal programs of study in management consulting;
however, many fields of study provide a suitable educational background for this occupation
because of the wide range of areas addressed by management analysts. Common educational
backgrounds include most academic programs in business and management, such as
accounting and marketing, as well as economics, computer and information sciences, and
engineering ....
Handbook, 2006-07 edition, at 93-94. The foregoing information indicates that a baccalaureate level of
education in business, management, accounting, marketing, economics, computer and information sciences,
engineering, or other business and management specialties may be sufficient for entry into the occupation.
The record includes a copy of the beneficiary's academic degree showing that he graduated from Adamson
University in Manila, the Philippines, with a bachelor of science in electrical engineering, on May 26, 1990.
The AAO notes that the beneficiary's degree is in one of the disciplines cited in the Handbook as common for
management analysts. The record also includes an evaluation of the beneficiary's educational and work
experience which concludes that the beneficiary's academic background and twelve years of work experience
in progressively responsible management positions in private industry are equivalent to at least a
baccalaureate degree in business administration, with a concentration in management, from an accredited U.S.
college or university.
Based on the evidence of record, the AAO determines that the beneficiary qualifies under 8 C.P.R.
§ 214.2(h)(4)(iii)(C)(4) to perform services as a management analyst.
WAC 0323950213
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The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.c. § 1361. The
petitioner has met that burden.
ORDER: The AAO withdraws its previous decision. The appeal is sustained. The petition is approved.