dismissed H-1B Case: Business

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
* 
U.S. Citizenship 
and Immigration 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 1 10 l(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 
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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 dismissed. The petition will 
be denied. 
The petitioner is a retail store services and wholesale distribytor of beauty supplies. It seeks to employ the 
beneficiary as a budget analyst and endeavors to classify him as a nonirnmigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(~i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 10 1 (a)( 1 5>(H>(i>(b>. 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, the petitioner submits a brief stating that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10l(a)(l S)(H)(i)(b) of the Act, 8 U.S.C. 5 1 1 Ol(a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who-are coming temporarily to the United States to perform 
services in a specialty occupatiqa. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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 further defined at 8 C.F.R. $ 214.2(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 9 specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant 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 normally 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 particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
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(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) inte~prets the term "degree" 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 coniains: (1) the Form 1-129 and supporting documentation; (2) 
the director's requests for additional evidence; (3) the petitioner's response to the director's requests; (4) the 
director's denial letter; and (5) the FomJ1290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a budget analyst. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's requests for 
evidence. According to this evidence the beneficiarywould: provide advice and technical assistance in the 
preparation of annual budgets; analyze budget estimates for completeness, accuracy and conformance with 
procedure and organizational objectives; research economic and financial development to determine their 
impact on company spending; consolidate budgets into capital and operating budgets; recommend approval or 
denial of budget requests; periodically monitor budgets to determine that funds are being spent as allocated; 
and explain deviations from the budget and recommend new or revised budgets, program cuts or reallocation 
of funds. The petitioner requires a minimum of a master's degree in business administration for entry into the 
proffered position. 
J 
Upon review of the record, the petitioner has failed,tokstablish that a baccalaureate or higher degree or its 
equivalent is normally the minimum requireryent for enfry into the offered position, or that a degree 
requirement is common to the industry in parallel positions among similar organizations, as asserted by the 
petitioner. Factors often considered by CIS when determining these criteria include: whether the Department 
of Labor's Occupational Outlook Handbook (Handbook) reports that the industry requires a degree; whether 
an industry professional association has made 'a degree a minimum entry requirement; and whether letters or 
affidavits from firms or individuals in the in&stry attest that such firms "routinely employ and recruit only 
degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Suva, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position fall within those noted for budget analysts. The 
Handbook states that private and governmental firms generally require candidates for budget analyst positions 
to hold a bachelor's degree, but many prefer or require a master's degree. Within the Federal Government, a 
bachelor's degree in any field is sufficient for an entry-level position. State and local governments have 
varying requirements, but a bachelor's degree in one of many areas - accounting, finance, business or public 
administration, economics, political science, statistics, or a social science such as sociology may qualify for 
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entry into the occupation. Other employers may prefer a degree in a field closely related to that of the 
employing industry or organization, such as engineering or business. Many government employers may 
prefer candidates with strong analytical and policy analysis backgrounds that may be obtained through such 
majors as political science, economics, public administration, or public finance. Occasionally, budget-related 
or finance-related work experience can be substituted for formal education. The Handbook is clear, however, 
that a degree in a specific specialty is not normally required for-entry into an occupation as a budget analyst. 
Degrees in a wide range of educational disciplines will suffice-for positions requiring a college education. 
The petitioner has not, therefore, established the first crit~rion at 8 C.F.R. 9 214.2(h)(4)(iii)(A). 
The petitioner has also failed to establish that a degree requirement, in a specific specialty, is common to the 
industry in parallel positions among similar organizations. In support of this assertion the petitioner 
submitted copies of job advertisements, and an opinion letter: from Dr. Andrew C. Spieler, a business 
professor at Hofstra University. Dr. states that, based on-his education, training and experience, the 
detailed position is a specialty occupation requiring bachelor's-level educational training in business 
administration, finance, accounting, or a related field. ~rdoes not provide any basis for his opinion, 
however, such as a labor market shtdy or survey, simply basing the opinion on his personal experience and 
education. His opinion is in conflict with Department of Labor findings noted in the Handbook. The findings 
in the Handbook are based on labor market information c,ompiled for the nation as a whole on various 
occupations. It states that the duties of the proffered position we filled by individuals lacking a baccalaureate 
level education, as well as individuals holding degrees in a wide range of unrelated educational disciplines. 
For example, not only are positions requiring degrees filled by individuals with degrees in business 
administration as opined by Dr. but by individuals holding liberal arts degrees as well. Citizenship 
and Immigration Services (CIS) may, in its discretion, use as advisory opinions statements submitted as 
expert testimony. However, where an opinion in not in accord- with other information or is in any way 
questionable, CIS is not required to accept or may give less weight to that evidence. Matter of Caron 
International, 19 I&N Dec. 791 (Comm. 1988). ~r- opinion will, therefore, be given little weight as 
it conflicts with the findings of the Handbook and offers no corroborative evidence supporting the basis of the 
opinion. 
The job advertisements submitted also fail to establish the above referenced criterion. None of the advertisers 
appear to be similar in nature and scope to that of. the petitioner. Further, the advertisements submitted 
indicate that the following degrees are sufficient for the,positions advertised: accountinglauditing; finance; 
math; engineering; business; the sciences. The advertisements confirm the findings noted in the Handbook 
for the educational requirements of budget analystsi that degrees in a wide range of unrelated disciplines will 
qualify individuals for entry into the occu'pation. 
/ 
The petitioner asserts that it normally requires a degree for the position, but offers no evidence in this regard 
as the position is new with the company. As such, the petitioner has not established the criterion at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(3). 
Finally, the duties to be performed by the beneficiary are not so specialized or complex that knowledge 
required to perform them is usually associated with the ttainment of a baccalaureate or higher degree in a t' specific specialty. Nor are the duties so complex or unique that they can be performed only by an individual 
with a degree in a specific specialty. The duties as defined, appear to be routine for the position in the 
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industry and are regularly performed by individuals with degrees in a wide range of educational disciplines. 
The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. $8 214.2(h)(4)(iii)(A)(2) or 
(4). 
The proffered position does not meet any of the requirements of 8 C.F.R. $ 214.2(h)(4)(iii)(A). Accordingly, 
the director's denial of the petition shall not be disturbed. 
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 failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.