sustained H-1B Case: Computer Programming

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 02 193 52437 Office: CALIFORNIA SERVICE CENTER Date: JUN 0 7 20& 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(lS)(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. 
WAC 02 193 52437 
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 appeal will be sustained. The petition will be 
approved. 
The petitioner is the holding companylowner of two assisted living facilities and six convalescent hospitals as 
of 2002 (the petitioner states that as of 2003 it owned and managed nine medical facilities). It seeks to 
employ the beneficiary as a computer programmer. The petitioner endeavors to classify the beneficiary 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. 9 1 lOl(a)(lS)(H)(i)(b). 
The director determined that the proffered position did not qualify as a specialty occupation. On appeal, 
counsel submits a brief and additional information stating that the offered position qualifies as a specialty 
occupation. 
The first issue to be considered is whether the proffered position qualifies as a specialty occupation. 
Section lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 8 1 lOl(a)(lS)(H)(i)(b), provides, in part, for the 
classification of qualified nonimrnigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 9 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. 
The term "specialty occupation'' is &her defined at 8 C.F.R. 5 2 14.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a 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; 
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(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 are 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. 
8 214.2@)(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. 
The record of proceeding before the kAO contains: (1) the Form 1-129 and supporting documentation; (2) 
the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a computer programmer. Evidence of the beneficiary's 
duties includes the Form 1-129 petition with attachment and the petitioner's response to the director's request 
for evidence. According to the evidence set forth in the petitioner's support letter of February 28, 2002, the 
beneficiary would: 
Convert data from project specifications and statements of problems and procedures to 
create or modify computer programs; 
Prepare detailed workflow charts and diagrams to illustrate the sequence of steps that 
computer programs must follow, and describe input, output and logical operations of 
computer programs; 
Design checks and controls, and codes in computers and solve computer program errors 
towards improving computer systems; 
Analyze, review, and re-write computer programs to increase program efficiency or adapt 
programs to new requirements; and 
Train personnel in the proper and efficient use of new programs. 
The petitioner Wer detailed these duties in its response to the director's request for evidence dated 
July 19,2004. 
The petitioner requires a minimum of a bachelor's degree in computer programming or computer data 
processing management for entry into the proffered position. 
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The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) 
for information about the duties and educational requirements of particular occupations. The duties of the 
proffered position are essentially those noted for computer programmers. Although there are many training 
paths available for programmers due to varied employer needs, the level of education and experience 
employers seek has been rising due to the growing number of qualified applicants and the specialization 
involved with most programming tasks. Bachelor's degrees are commonly required, although some 
programmers may qualify for certain jobs with 2-year degrees or certificates. The associate degree is a 
widely used entry-level credential for prospective computer programmers. In the absence of a degree, 
substantial specialized experience or expertise may be needed, and employers appear to place more emphasis 
on previous experience even when hiring programmers with a degree. Some computer programmers hold a 
college degree in computer science, mathematics, or information systems, while others have taken special 
courses in computer programming to supplement degrees in other fields. As the level of education and 
training required by employers continues to rise, the proportion of programmers with a college degree should 
increase in the future. In 2004, more than two-thirds of computer programmers held a bachelor's or higher 
degree. Presently, however, it cannot be determined that a bachelor's degree in a specific specialty is 
normally the minimum requirement for entry into the proffered position. The petitioner has not, therefore, 
established that a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the 
minimum requirement for entry into the proffered position. 8 C.F.R. fj 214.2(h)(4)(iii)(A)(l). Programmers 
are still employed in the industry in substantial numbers with less than a baccalaureate level education. 
The petitioner, however, has established that the nature of the specific duties is so specialized and complex 
that the knowledge required to perform them is usually associated with the attainment of a baccalaureate or 
higher degree. For example, the duties of the offered position require the beneficiary to: confer with 
managers, supervisors and hospital representatives to devise computer programs appropriate for the hospital's 
business/operational needs; convert data from project specifications and statements of problems and 
procedures to modify computer programs; and convert logical flow charts to language processable from 
computer to computer. These duties, taken in conjunction with the scope and nature of the petitioner's 
business organization, are so specialized and complex that knowledge required to perform them is usually 
associated with the obtainment of a bachelor's or higher degree in a specific specialty. Counsel indicates on 
appeal that the petitioner and all medical facilities ownedlmanaged by it had a gross income in 2003 of 
$44,117,188, and that all facilities employed a total of 500 employees. The petitioner did not, however, 
provide corroborating evidence substantiating the stated gross income or number of employees. Simply going 
on the record without supporting documentary evidence is not sufficient for purposes of meeting the burden 
of proof in these proceedings. Matter of Sofici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of 
Treasure Craft of California, 14 I&N 190 (Reg. Comm. 1972)). The petitioner did provide, however, 
sufficient evidence to identify the convalescent hospitals that it owns with 656 licensed beds approved for 
those facilities. Giving consideration to all evidence submitted, including the stated duties and scope of the 
petitioner's business operations, the petitioner has established the criterion at 8C.F.R. 
fj 214.2(h)(4)(iii)(A)(4), and the offered position qualifies as a specialty occupation. 
The final issue to be considered is whether the beneficiary is qualified to perform the duties of the proffered 
position. The director did not comment on this issue as the petition was denied on another ground. The 
record is sufficient, however, for the AAO to make that determination. The beneficiary's foreign education 
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has been determined by a credentials evaluation service to be equivalent to a Bachelor of Science degree in 
Computer Systems Management from an accredited college or university in the United States. That degree, 
and many of the courses taken by the beneficiary in obtaining the degree, are closely related to the offered 
position. The beneficiary is, therefore, qualified to perform the duties of the offered position. 
As always, the burden of proof in these proceedings rests solely with the petitioner. The petitioner has 
sustained that burden. Section 291 of the Act, 8 U.S.C. § 1361. 
ORDER: ORDER: The appeal is sustained. The petition is approved.