This appeal was not successful at this stage
The appeal was dismissed because the Petitioner failed to establish that the proffered Oracle DBA position qualifies as a specialty occupation and also failed to demonstrate that the Beneficiary's foreign degree and work experience met the required qualifications criteria.
A software consulting company sought H-1B approval to employ a beneficiary as an Oracle Applications DBA, but provided inconsistent and vague job descriptions that prevented a finding that the position requires a degree in a specific specialty. The Petitioner's requirements differed from the end-client's requirements, and neither was sufficiently detailed to establish specialty occupation status. Additionally, the academic credential evaluation submitted to qualify the Beneficiary was rejected because the evaluator did not adequately explain how specific work experience corresponds to specific university-level courses, and because the evaluator's authority to grant college-level credit in a computer science specialty was not established. The AAO affirmed the denial on both the specialty occupation and beneficiary qualifications grounds.
What failed: 1. The Petitioner's job description was internally inconsistent and differed from the end-client's requirements, making it impossible to establish that a specific degree was required for the role. 2. The credential evaluation was rejected because the evaluator did not map specific work experiences to specific courses and failed to demonstrate that his institution had a program to grant college-level credit in a computer science specialty. 3. The Petitioner did not challenge or provide alternative arguments to overcome the Director's findings on most of the beneficiary qualification criteria, relying solely on one method that was found deficient.
Takeaway: For H-1B petitions involving third-party placement, ensure the petitioner's and end-client's position descriptions are consistent and specifically articulate why a degree in a particular specialty is required. When relying on a credential evaluation to qualify the beneficiary, the evaluator must provide a detailed, course-by-course mapping of work experience to academic coursework and must clearly demonstrate institutional authority to grant credit in the relevant specialty area.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The Petitioner's job description was internally inconsistent and differed from the end-client's requirements, making it impossible to establish that a specific degree was required for the role
- The credential evaluation was rejected because the evaluator did not map specific work experiences to specific courses and failed to demonstrate that his institution had a program to grant college-level credit in a computer science specialty
- The Petitioner did not challenge or provide alternative arguments to overcome the Director's findings on most of the beneficiary qualification criteria, relying solely on one method that was found deficient.
Credential evaluation by Associate Professor concluding Beneficiary's foreign degree plus 12 years of work experience equates to a U.S. bachelor's degree in computer information systems — rejected because the evaluator did not map specific work experience to specific university-level courses and failed to demonstrate authority to grant credit in a computer science specialty under the university's accelerated degree program
End-client letter describing position requirements — found to be inconsistent with the Petitioner's own stated requirements and insufficient to establish specialty occupation
Petitioner's description of position duties — found to be too broad, internally inconsistent, and lacking sufficient detail to establish that a bachelor's degree in a specific specialty is required
Sales order identifying Beneficiary as consultant for 'Database Administration and related' services — too vague to correlate with the position descriptions provided
The Director did not address the nature and requirements of the position when analyzing specialty occupation, focusing only on the Beneficiary's credentials
Completed
I-129 filed
Oracle Applications Database Administrator (Oracle EBS DBA)
Completed
California Service Center Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2018-10-04
AAO decision — Dismissed
The appeal was dismissed because the Petitioner failed to establish that the proffered Oracle DBA position qualifies as a specialty occupation and also failed to demonstrate that the Beneficiary's foreign degree and work experience met the required qualifications criteria.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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