dismissed H-1B Case: Engineering And Construction

(b)(6)
DATE: JAN 0 8 2015 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: VERMONT SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http:ljwww.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
lo fJ0'­i�1\n 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.usds.gov 
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NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director initially approved the nonimmigrant visa petition. In 
response to new evidence the director issued a notice of intent to revoke (NOIR), and ultimately did 
revoke the approval of the petition. In response to a motion to reopen, the director affirmed that 
decision on February 12, 2014. The petitioner filed a timely appeal on March 6, 2014. The matter is 
now before the Administrative Appeals Office on appeal. The appeal will be dismissed. Approval 
of the petition will remain revoked. 
I. PROCEDURAL AND FACTUAL BACKGROUND 
The pet1t1on was filed on September 3, 2009, seeking to classify the beneficiary as an H-1B 
temporary nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of 
the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The visa petition 
describes the petitioner as an "Engineering and Construction" firm and states that the petitioner 
would employ the beneficiary as a management analyst. 
The director approved the visa petition on November 30, 2009. However, on November 10, 2011 
the service center director issued an NOIR in this matter. The petitioner's response was received on 
December 14, 2011. Subsequently, on August 15, 2012, the director revoked approval of the visa 
petition. The petitioner filed a motion to reopen on September 17, 2012. 
The director's revocation of approval of the petition was based on his finding that the evidence 
available indicates that the petitioner has not abided by the terms and conditions of H -1B 
employment in that it has not employed the beneficiary in the capacity specified in the visa petition. 
We have further determined that the director did not err in his decision to revoke approval of the 
petition. Accordingly, the director's decision will not be disturbed. The appeal will be dismissed, 
and approval of the petition will remain revoked. 
We base our decision upon our review of the entire record of proceeding, which includes: (1) the 
petitioner's Form 1-129 and the supporting documentati on filed with it; (2) the service center's RFE 
and the response to it; (3) the service center's NOIR and the response to it; ( 4) the director's 
revocation letter; and (5) the Form I-290B and counsel's submissions on appeal.1 
II. THE LAW 
USCIS may revoke the approval of an H-1B petition pursuant to 8 C.F.R. § 214.2(h)(ll)(iii), which 
states the following: 
1 The visa petition was submitted with a duly executed Form G-28, Notice of Entry of Appearance as 
Attorney or Accredited Representative, in which petitioner recognized as its attorney of 
record. The same attorney provided evidence in response to a subsequent Request for Evidence (RFE). A 
different attorney, responded to the NOIR in this matter. The appeal in this matter wils 
accompanied by a Form G-28 indicating that the petitioner has now retained a different attorney, 
In this decision, both past counsel and present counsel are referred to collectively as "counsel." 
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NON-PRECEDENT DECISION 
(A) Grounds for revocation. The director shall send to the petitioner a notice of 
intent to revoke the petition in relevant part if he or she finds that: 
(1) The beneficiary is no longer employed by the petitioner in the 
capacity specified in the petition ... ; or 
(2) The statement of facts contained in the petition .. . was not true 
and correct, inaccurate, fraudulent, or misrepresented a material 
fact; or 
(3) The petitioner violated terms and conditions of the approved 
petition; or 
(4) The petitioner violated requirements of section 101(a)(15)(H) of 
the Act or paragraph (h) of this section; or 
(5) The approval of the petition violated paragraph (h) of this section 
or involved gross error. 
(B) Notice and decision. The notice of intent to revoke shall contain a detailed 
statement of the grounds for the revocation and the time period allowed for the 
petitioner's rebuttal. The petitioner may submit evidence in rebuttal within 30 
days of receipt of the notice. The director shall consider all relevant evidence 
presented in deciding whether to revoke the petition in whole or in part .... 
III. EVIDENCE 
On the visa petition, the petitioner stated that it would employ the beneficiary as a management 
analyst. The Labor Condition Application (LCA) provided to support the visa petition states that the 
proffered position is certified for a management analyst position. With the visa petition, counsel 
provided a letter, on the petitioner's letterhead, dated July 29, 2009, on which counsel stated, inter 
alia: 
In summary, [the beneficiary] will be performing the following duties: 
• Preparing management Reports 
• Researching market conditions, products, pricing and costing 
• Locating business opportunities for our services 
• Preparing marketing and business plans 
• Engaging in strategic market research and planning 
• Developing advertising plans and directing marketing and marketing strategy 
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NON-PRECEDENT DECISION 
• Determining financial and accounting strategies, updating management 
information and reporting procedures 
• Implementing internal control systems and liaising with the company's 
bankers and other administrative matters 
• Identifying and implementing profit enhancement opportunities 
• Enhancing business value by applying key financial measures and ratios 
• Ensuring a timely and effective management information network 
• Initiating development of marketing and accounting databases 
Studying work problems such as organizational change, communication, information 
flow, integrated production methods, inventory control and cost analysis 
• Analyzing data gathered, developing information and considering available 
solutions or alternate methods of proceedings 
• Making recommendations for implementation of new systems, procedures and 
organizational changes 
• Ensuring maintenance of adequate and well trained staff and 
• Analyzing other existing businesses and determining whether they should be 
acquires [sic] 
Based on the evidence submitted with the visa petition and in response to a subsequent RFE, the 
director approved the visa petition. 
Subsequent to the petition's approval, the director issued an NOIR to the petitioner, stating that 
USCIS had obtained new information regarding the beneficiary's employment with the petitioner. 
Specifically, an officer of USCIS stated that at an Administrative Site Visit conducted on February 
17, 2010, who signed the instant visa petition on the petitioner's behalf, stated that the 
beneficiary "oversees the installation of heating systems and analysis cost factors." The site 
inspector noted that Mr. stated that he was unable to provide documentation of the 
beneficiary's wages because the company's accountant was out of the office. The director offered 
the petitioner an opportunity to respond to the NOIR. 
In response, counsel submitted a letter, dated October 22, 2011, in which he stated, inter alia, that 
supervision of the installation of heating systems is within the duties of a management analyst 
employed by "a typical employer whose business is in thermal insulation contracting services and 
HV[]AC equipment .... " 
The director revoked approval of the visa petition, finding that the record does not establish that the 
petitioner is employing the beneficiary as a management analyst as specified in the visa petition. 
On motion, counsel stated, inter alia: ' 
not precise! y as stated in the petition." 
explained the job duties in lay man words and 
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NON-PRECEDENT DECISION 
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The director affirmed the decision of revocation, finding that the petitioner had not demonstrated 
that the petitioner employed the beneficiary as a management analyst and that the evidence does not, 
therefore, show that the petitioner had abided by the terms of the beneficiary's H-lB employment. 
On appeal, counsel again stated, inter alia: " _ _ , ____ _. explained the job duties in lay man 
words and not precisely as stated in the petition." 
IV. ANALYSIS 
We recognize the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) as an 
authoritative source on the duties and educational requirements of the wide variety of occupations 
that it addresses? The petitioner claims in the LCA that the proffered position corresponds to SOC 
code and title 13 1111.00, Management Analysts from O*NET. The Handbook describes the 
occupation of "Management Analysts" as follows: 
What Management Analysts Do 
Management analysts, often called management consultants, propose ways to 
improve an organization's efficiency. They advise managers on how to make 
organizations more profitable through reduced costs and increased revenues. 
Duties 
Management analysts typically do the following: 
• Gather and organize information about the problem to be solved or the 
procedure to be improved 
• Interview personnel and conduct on-site observations to determine the 
methods, equipment, and personnel that will be needed 
• Analyze financial and other data, including revenue, expenditure, and 
employment reports 
• Develop solutions or alternative practices 
• Recommend new systems, procedures, or organizational changes 
• Make recommendations to management through presentations or 
written reports 
• Confer with managers to ensure that the changes are working 
Although some management analysts work for the organization that they are 
analyzing, most work as consultants on a contractual basis. 
2 The Handbook, which is available in printed form, may also be accessed on the Internet, at 
http://www.bls.gov/oco/. Our references to the Handbook are to the 2014-2015 edition available online. 
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NON-PRECEDENT DECISION 
Whether they are self-employed or part of a large consulting company, the work of a 
management analyst may vary from project to project. Some projects require a team 
of consultants, each specializing in one area. In other projects, consultants work 
independently with the client organization's managers. 
Management analysts often specialize in certain areas, such as inventory management 
or reorganizing corporate structures to eliminate duplicate and nonessential jobs. 
Some consultants specialize in a specific industry, such as healthcare or 
telecommunications. In government, management analysts usually specialize by type 
of agency. 
Organizations hire consultants to develop strategies for entering and remaining 
competitive in the electronic marketplace. 
Management analysts who work on contract may write proposals and bid for jobs. 
Typically, an organization that needs the help of a management analyst solicits 
proposals from a number of consultants and consulting companies that specialize in 
the needed work. Those who want the work must then submit a proposal by the 
deadline that explains how they will do the work, who will do the work, why they are 
the best consultants to do the work, what the schedule will be, and how much it will 
cost. The organization that needs the consultants then selects the proposal that best 
meets its needs and budget. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
"Management Analysts," http://www .bls.gov /ooh/business-and-financial/management -anal ysts.htm# 
tab-2 (last visited Jan. 7, 2015). 
The duties of management analysts are centered upon analyzing the operation of organizations and 
determining how they can be run more efficiently. They clearly do not include supervising the 
installation of heating systems, which counsel stated are, as expressed in layman's terms, included in 
the duties of the proffered position. Therefore, the petitioner has not been employing the beneficiary 
as a management analyst. The petitioner has not abided by the terms and conditions of the 
beneficiary's H-1B employment. After advising the beneficiary of its intent to revoke approval of 
the visa petition pursuant to 8 C.F.R. § 214.2(h)(ll)(iii)(A)(J), the approval was correctly revoked 
on that basis. That basis for revocation has not been overcome on appeal. The appeal will be 
dismissed and approval of the visa petition will remain revoked on that basis. 
V. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
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