sustained H-1B Case: Rehabilitation Counseling

IdentiPying data dekgd 
prevent clearly unwarranted 
invasion of pemnai privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 03 161 54254 Office: CALIFORNIA SERVICE CENTER Date: MAR 2 9 7nnfi 
PETITION: 
 Petition for a Nonirnmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 lOl(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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 03 161 54254 
Page 2 
DISCUSSION: The director of the service center denied the nonimrnigrant 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 a residential care facility that seeks to employ the beneficiary as a rehabilitation counselor. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonirnrnigrant 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. 
§ 1 lOl(a>( lS)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the proffered position. On 
appeal, counsel submits a brief and previously submitted evidence. 
The record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the director's denial letter; and (3) Form I-290B and additional documents. The AAO reviewed the record 
in its entirety before issuing its decision. 
Section 214(i)(2) of the Act, 8 U.S.C. 5 1184(i)(2), states that an alien applying for classification as an H-1B 
nonirnmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) 
 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 
(4) 
 Have education, specialized training, andlor 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. 
To meet the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(C)(4), the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(D) 
states that equating the beneficiary's credentials to a United States baccalaureate or higher degree shall be 
determined by one or more of the following: 
WAC 03 16 1 54254 
Page 3 
(1) 
 An evaluation from an official who has authority to grant college-level credit for training 
and/or experience in the specialty at an accredited college or university which has a 
program for granting such credit based on an individual's training andlor work 
experience; 
(2) 
 The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) 
 An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; or 
(4) 
 Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or registration 
to persons in the occupational specialty who have achieved a certain level of competence 
in the specialty; 
(5) 
 A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, andor work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
The petitioner is seeking the beneficiary's services as a rehabilitation counselor. The petitioner referred to the 
Department of Labor's Occupational Outlook Handbook (the Handbook) and stated that a candidate must 
possess a baccalaureate degree in college elementary or secondary school counseling, education, 
rehabilitation counseling, agency or community counseling, clinical mental health counseling, counseling 
psychology, or a related field. 
The director found that the beneficiary is not qualified for the proffered position because the beneficiary's 
education, experience, and training are not equivalent to a baccalaureate degree in a field that is directly 
related to the proposed position. 
On appeal, counsel refers to the Handbook, the DOT, the O*Net, the SOC, and a letter from ~r.= 
ARNP, Ph.D., Assistant Professor at Seattle University, School of Nursing, to establish that a 
degree is the minimum requirement for the proposed position. Counsel also refers to the 
Handbook and a letter from DP~.D., CRC, coordinator of the Rehabilitation Counselor Education 
Department at California State University of Los Angeles, to establish that California does not require 
licensure for the proposed position. 
Upon review of the record, the petitioner has established that the beneficiary is qualified to perform the 
proffered position. 
WAC 03 161 54254 
Page 4 
The beneficiary holds a diploma from an institution in the Philippine Islands, which the - 
considers the equivalent to a bachelor's degree in secondary education with 
a specialization in home economics from an accredited college or university in the United States. The 
beneficiary also holds certification that confirms completion of nine units in the master of arts in industrial 
education program, with a major in administration and supervision. FIS considers this the equivalent to a 113 
year of graduate-level credit from an accredited college or university in the United States. The record also 
contains educational evaluations from other credentials services that confirm FIS' conclusion about the 
educational equivalency of the beneficiary's diploma. 
The Handbook, a resource that the AAO routinely consults, indicates that a bachelor's degree in a relevant 
field of study is appropriate for a counselor position in California. Fields of study include college student 
affairs, elementary or secondary school counseling, education, gerontological counseling, marriage and 
family counseling, substance abuse counseling, rehabilitation counseling, agency or community counseling, 
clinical mental health counseling, counseling psychology, career counseling, and related fields. Based on the 
Handbook's information, the beneficiary's bachelor's degree in secondary education would be appropriate for 
a counseling position. Thus, the petitioner has established the beneficiary's qualifications pursuant to 
8 C.F.R. 5 214.2(h)(4)(iii)(C): the beneficiary's foreign degree is equivalent to a U. S. baccalaureate degree 
required by the specialty occupation from an accredited college or university. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has sustained that burden. 
ORDER: 
 The appeal is sustained. The petition is approved.