sustained H-1B Case: Computer Science

U.S. Depa&ment of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
Ua S. Citizenship 
and Immigration 
Services 
FEE: LlPa 04 039 51398 
P-ng 
Office: NEBRASKA SERVICE CENTER Date: :2 J ki &rAj~ 
PETEION: Petition for a Woni grant Worker Pursuant to Section 101(a)(15)(H)4i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 11Bl(a)(15)(H)(i)(b) 
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 
ED4 04 039 56398 
Page 2 
DISCUSSION: The director of the service center denied the noni grant visa petition md the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner develops electronic commerce. It seeks to employ the beneficiary as a network analyst. The 
petitioner, therefore, endeavors to classify the beneficiary as a noniagrant worker in a specialty occupation 
pwsuant to section lOl(a)(lS)(H)(i)(b) of the I gration and Nationality Act (the Act), 8 U.S.C. 
§ 110l(a>(l5>(H>(i)(b>. 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "speciality 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. 8 214.2(l1)(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 eimum requi~ement 
for entry into the particular position; 
42) 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 pedonned only by an individual with a degree; 
(3) The employer nomlly requires a degree or its equivalent for the position; or 
44) The nature of the specific duties is so specialized and complex that knowledge required 
to perfom the duties is usually associated with the attainment of a baccalaureate or 
higher degree. 
Citizenship and Immigration Services (CIS) interprets the term 'Uegree" in the criteria at 8 C.F.R. 
5 214.2(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. 
The record of proceeding before the AAO contains: (I) Fom 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 
EN 04 039 59398 
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director's denial letter; and (5) Form I-290B and supporting documentation. The MO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a network analyst. Evidence of the beneficiary's duties 
includes: the Fom 1-129; the attachments accompanying the Fom 9-129; the company support letter; and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail analyzing user requirements and designing functional specifications for network 
infrastmctme; developing, implementing, coordinating, and maintaining network infrastmctmes using 
Windows 2000 Server, Windows NT, l'detware, and Windows 2003 Servers; developing network security 
procedures and developing rules for security purposes; designing and modifying web sites and database 
applications to efficiently operate within the network infrastructure using Visual Basic, SQL Server, Crystal 
Report, Access, and Relational Database Theory; designing test validations for modifications within the 
network infrastmctme; modifying applications and the network based on results of the test validations; and 
analyzing and resolving problems encountered by end-users. The response to the request for evidence 
elaborated on the proposed duties. The petitioner requires at Beast a bachelor's degree in computer science, 
computer information systems, electrical engineering, or mathematics for the proposed position. 
The director concluded that the proposed position did not qualify as a specialty occupation, finding that the 
Department of Labor's Occl~patiorzal Outlook findbook (the Handbook) reveals that a bachelor9s degree in a 
specific specialty is not required for network systems and data comunications analysts. The director found 
the petitioner did not identify the clients that the beneficiary will service and did not describe the existing 
network infrastructure. According to the director, the submitted letters md job postings did not establish that 
a baccalaureate degree is required for the proposed position. 
On appeal, counsel submits letters from the two clients for which the beneficiary will render network analyst 
services. The letters discuss the beneficiary's duties, stating that a bachelor's degree in a computer-related 
field is required to perform them. Counsel asserts that the director incorrectly analogizes the proposed 
position to a webmaster as that occupation is described in the Handbook. Counsel submits the foBlowing - 
evidence on appeal: (I) a letter from Dr. -which evaluates the educational requirements of the 
proposed position; (2) a revised letter from a company that indicates that the company employs a person 
holding a bachelor's degree in a computer-related field as a network analyst; (3) a letter from Integrated 
Systems hternational stating that the company employs a person with a bachelor's degree or its equivalent in 
a computer-related field as a network analyst; and (4) a December 22, 2000 memorandum, signed by Mr. 
, discussing H-IB computer-related positions. Counsel states that the beneficiary did not violate 
his F-1 student status. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.P.R. 
$ 214.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
The foufih criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A3(4) requires that the petitioner establish that the nature of 
the specific duties is so specialized and complex that the howledge required to pedorm them is usually 
associated with the attainment of a baccalaureate or higher degree. Based on the petitioner's job description, 
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and the additional evidence submitted on appeal from the petitioner's two clients, the petitioner establishes 
that the proposed position requires a bachelor's degree in computer science, computer information systems, or 
a related field. Thus, the proposed position qualifies as a specialty occupation under the fourth criterion under 
8 C.F.R. $ 214.2(h)(4)(iii)(A). 
The beneficiary qualifies for the proposed position. The educational evaluation performed by A.E.S.F. Inc. 
concluded that the beneficiary holds the educational equivalent to a master of science in management from 
the University of Central Texas, and a bachelor of science in computer information systems from Changmai 
University in Thailand. The beneficiary completed 11 courses for a master of science in computer 
information systems from Dominican University, Illinois; the degree will be conferred in 2003. 
As related in the discussion above, the petitioner established that the proffered position is a specialty 
occupation. 
The director's decision denying the change of nonimmigrant classification from student status to H-1B status 
indicates that the beneficiary's status appears to have expired. On appeal, the petitioner indicates that the 
beneficiary has not violated the terns of the student visa. The change of nonimmigrant classification issue is 
not before the AAO. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361. 
The petitioner has sustained that burden. 
OmER: 'Fkne appeal is sustained. The petition is approved.