dismissed H-1B Case: Accounting

U.S. HPepa&ment of Homeland Secaagity 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
Ua S. Citizenship 
and Immigration 
FILE: WAC 04 125 50229 Office: CKFORNM SERVICE CENTER Date: .V 
A r ,- 7- 
", -- 22 LLU~ 
PETITION: Petition for a Woni grant Worker Pursuant to Section 10P(a)(l5)(H)(i)(b) of the 
gation and Nationality Act, 8 U.S.C. 1101(a)(15)(H)(i)(b) 
INSTRUCTIONS: 
This is the decision of the Ad~nistrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any fuflher inquiry must be made to that office. 
Robes P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 125 50229 
Page 2 
DISCUSSION: The service center director bkd the n grant visa petition and the matter is now before 
the Ad~niskative Appeals Off~ce (MO) on appeal. The appeal will be dismissed. The petition will be denied. 
The petitioner is a lighting wholesale business that seeks to employ the beneficiary as a part-time accountant. 
The petitioner endeavors to classify the beneficiary as a noni grant worker in a specialty occupation pursuant 
to 5 10l(a)(lS)(H)(i)(b) of the I gration and Nationality Act (the Act), 8 U.S.C. 5 110B(a)(15)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation and the 
beneficiary is not qualified to perform a specialty occupation. On appeal, counsel submits a brief. 
The will first address the director's concPusion that the position is not a specialty occupation. 
Section 214(i)(P) of the Act, 8 U.S.C. 5 1184(i)(B), defines the tern "specialty occupation" as an occupation 
that requires: 
(A) theoretical and practical application of a body of highly specialized howledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) 
as a minim~~an for entry into the occupation in the United States. 
Pmsuant to 8 C.F.R. 5 214.2(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 nomally the minimum requirement 
for entry into the particular position; 
(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 paticu8ar position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) The employer nomally requires a degree or its equivalent for the position; or 
(4) 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 "degree9' in the criteria at 8 C.F.R. 
$ 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: (1) Form 1-129 and supporting documentation; (2) the 
director's denial letter; and (3) Fonn H-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a part-time accountant. Evidence of the beneficiary's 
duties includes: the 1-129 petition and the petitioner's March 9, 2004 Better in support of the petition; and the 
WAC 134 125 50229 
Page 3 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perfom duties that entail: providing cost accounting, budget analysis, and bid planning; preparing 
management reports; preparing entries to accounts and documenting business transactions; performing 
budgeting, performance evaluation, cost management, and asset management; processing accounts payable, 
cost accounting, collections, and contract preparation and administration; and preparing monthly, quarterly, 
and annual sales and payroll tax reports. The petitioner indicated that a qualified candidate for the job would 
possess a bachelor's degree in accounting, finance, or a related field. 
The director found that the proffered position was not a specialty occupation because the job is not an 
accountant position; it is a bookkeeping, accounting, or auditing clerk position. Citing to the Department of 
Labor's Occupational Outlook Handbook (Handbook), 2004-2005 edition, the director noted that the 
minimum requirement for entry into the position was not a baccalaureate degree or its equivalent in a specific 
specialty. The director found further that the petitioner failed to establish any of the criteria found at 8 C.F.R. 
!j 214.2(h>(4)(iii)(A). 
On appeal, counsel states, in part, that the proffered position is that of a part-time accountant, and is not a 
bookkeeping, accounting, or auditing clerk position. Counsel states further that, although the instant petition 
is an extension of stay request though a different employer, there are no material changes or substantial 
changes in circumstances and, therefore, the petition should be approved. According to counsel, the petitioner 
has satisfied at least thee criteria of 8 C.E.W. 5 214.2(h)(4)(iii)(A>. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
!j 214.2<h>(4>(iii)(A). Therefore, the proffered position is not a specialty occupation, 
The AAO tunas first to the criteria at 8 C.E.R. 5 214.2(h)(4)(iii)(A)(13 and (2): a baccalaureate bl~ higher 
degree or its equivalent is the normal minimum requirement for entry into the particulsar position; a degree 
requirement is co n to the industxy in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. 
Factors often considered by CIS when determining these criteria include: whether the Handbook reports that the 
industry requires a degree; whether the industry's professional association has made a degree a minimum entry 
requirement; and whether letters or affidavits from fm or individuals in the industry attest that such firms 
"routinely employ and recruit only degreed individuals." See Shanti, bnc. v. Reno, 36 F. Supp. 2d B 151, 1165 (D. 
Mim. 1999)(quoting PBircUBlaker COT. v. Sava, 712 F. Supp. 1095, I102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for its information about the duties and educational requirements 
of particular occupations. The A40 does not concur with counsel that the proffered position is that of an 
accountant. Information on the petition indicates that the petitioner is a lighting wholesaler with nine 
employees and a gross annual income of $5 anillion. In his March 9,2004 letter, the petitioner's president also 
states that the petitioner has a bookkeeper and utilizes outside certified professional accountants. The record, 
however, contains no evidence in support of the petitioner's claims, such as federal tax returns and quarterly 
wage reports. The record also contains no evidence of the petitioner's organizational hierarchy, such as an 
organizational chart and a description of duties for the petitioner's employees. Going on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Corn. 1998) (citing Matter of Treasure Crap of 
California, 14 I&N Dec. 190 (Reg. Com. 1972)). Furthennore, although counsel asserts that there are no 
WAC 04 125 50229 
Page 4 
material changes or substantial changes in circumstances with regard to the previous petition approval, the 
record contains no evidence in support of her assertion, such as copies of the previous petition and supporting 
documentation. Without documentary evidence to support the claim, the assertions of counsel will not satisfy 
the petitioner's burden of proof- The unsupported assertions of counsel do not constitute evidence. Matter of 
Obaigbena, 19 I&N Dec. 533, 534 (BH 1988); Matter of hureano, 19 I&N Dec. 1 (BIA 1983); Matter of 
Ramirez-Sanchez, 17 I&N Dec. 503, 506 fBU 1980). It must be emphasized that each petition filing is a 
separate proceeding with a separate record. See 8 C.F.R. 5 103.8(d). In making a determination of statutory 
eligibility, CIS is limited to the information contained in that individual record of proceeding. See 8 C.F.R. 
5 103.2(b)(16)(ii). As the director properly reviewed the record before him, it was impracticable for the 
director to provide the petitioner with an explanation as to why the prior approval was erroneous, as counsel 
suggests. h view of the foregoing, the petitioner has not demonstrated that the director improperly assessed 
the job duties as paralleling the responsibilities of bookkeeping, accounting, and auditing clerks. No evidence 
in the Handbook, 2004-2005 edition, indicates that a baccalaureate or higher degree, or its equivalent, is 
required for such jobs. 
The record does not include any evidence regarding parallel positions in the petif oner's industry. The record 
also does not include any evidence from professional associations regarding an industry standard, or 
documentation to support the complexity or uniqueness of the proffered position. The petitioner, therefore, 
has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) or (2). 
The A40 now turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3$ - the employer normally requires a 
degree or its equivalent for the position. As the record indicates that the proffered position is a new position, the 
petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(K)(4)(iii)(A)(32. 
Finally, the AA0 turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)O - 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. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.P.R. 5 214.2(h)(4)(iii)(A)(4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. 
The director also found that the beneficiary was not qualified for the proffered position because the 
beneficiary's degree in business administration does not qualify her for an accountant position. On appeal, 
counsel states, in part, that the record contains an academic evaluation and evidence of the beneficiary's 
coursework that demonstrate she holds the requisite bachelor's degree. As discussed above, no evidence in the 
Handbook indicates that a baccalaureate or higher degree in a specific specialty, or its equivalent, is required for 
bookkeeping, accounting, and auditing clerk positions. Most financial clerks are required to have at least a high 
school diploma. Bn this case, the beneficiary holds a Bachelor of Science degree in Commerce conferred by a 
Filipino institution. An evaluator from a company that specializes in evaluating academic credentials 
concludes that the beneficiary possesses the equivalent of a U.S. bachelor's degree in business administration 
with a concentration in finance. As such. the petif oner has demonstrated that the beneficiary is qualified to 
WAC 04 125 50229 
Page 5 
perform the duties of the proffered position. The petition may not be approved, however, because the 
proffered position is not a specialty occupation. Accordingly, the AAO shall not disturb the director's denial of 
the petition. 
The bwden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
OmER: The appeal is dismissed. The petition is denied.