dismissed H-1B Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 18569690 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 20, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a part-time "financial analyst" under the 
H-lB nonirnrnigrant classification for specialty occupations. See Immigration and Nationality Act (the 
Act) section 101(a)(15)(H)(i)(b), 8 U.S.C . § 1101(a)(15)(H)(i)(b) . The H-lB program allows a U.S . 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite 
for entry into the position. 
The Nebraska Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. In these proceedings, it is the Petitioner's 
burden to establish eligibility for the requested benefit by a preponderance of the evidence. 1 
Upon de nova review, we will dismiss the appeal. 2 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 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 regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition but adds a 
non-exhaustive list of fields of endeavor. In addition , the regulations provide that the proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
1 See section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
( J) 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; 
(3) The employer normally 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 perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertojf, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
II. PROFFERED POSITION 
In support of the petition, the Petitioner indicated that it is "an international E-commerce platform, aiming 
to provide customers with an easier way to purchase[] foreign products." The Petitioner described the 
proffered position as including the following duties and allocated the time spent on the duties in its 
response to the Director's request for evidence (RFE)3: 
• Provide support to management during the annual budgeting and quarterly forecast 
process, including but not limited to the preparation and analysis of various aspects of 
the logistics/industrial costs and analysis of productivity projects. 15% 
• Maintain and develop various financial models and standard templates distributed for 
use by all of Finance during the planning processes, ensuring quality, accuracy and 
focused analytic review. 20% 
• Analyze the financial details of past, present, and expected operations in order to assist 
in identification of development opportunities and areas where improvement is 
needed. 20% 
• Track and analyze retail performance. Prepare and analyze customer and product 
profitability report in support of pricing new business and establishment of 
benchmarks[.] 15% 
• Perform ad hoc financial analysis as required. I 0% 
• Present financials to management and provide them with ongoing financial insight 
into operations efficiencies; share early identification of problem areas and relevant 
reporting as appropriate. 20% 
3 The Petitioner also added narrative under each of the initially described duties in response to the Director's RFE. We 
have reviewed those duties in full although for the sake of brevity will not repeat them here. 
2 
According to the Petitioner, the described duties require the minimum of a bachelor's degree in a 
finance related field. 
III. ANALYSIS 
Upon review of the entire record, for the reasons set out below, we conclude that the Petitioner has 
not established that the services the Beneficiary will perform qualify as a specialty occupation under 
sections 101(a)(15)(H)(i)(b), 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(i)(A)(l), 8 C.F.R. 
§ 214.2(h)(4)(ii) and (iii)(A). Specifically, the record does not establish that the job duties require an 
educational background, or its equivalent, commensurate with a specialty occupation. 
A. First Criterion 
The criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l) requires that a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular 
position. 
On the labor condition application (LCA) 4 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Financial Analysts" corresponding 
to the standard occupational classification (SOC) code 13-2051 at a level I wage. To understand the 
nature of the proposed pos1t10n we reviewed the Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) on the duties and educational requirements of this 
occupation. 5 The Handbook's subchapter entitled "How to Become a Financial Analyst" states, in 
pertinent part, that "[ m Jost positions require a bachelor's degree" and that "appropriate fields of study 
include accounting, business, economics, finance, mathematics, and statistics."6 Because the Handbook 
recognizes this occupation can be performed by most persons with a bachelor's degree, it does not support 
a conclusion that these positions comprise an occupational group for which normally the minimum 
requirement for entry is at least a bachelor's degree in a specific specialty, or its equivalent. 
The Handbook's recognition that degrees in different disciplines may provide appropriate preparation 
to perform the duties to enter into the financial analyst occupation also indicates that a bachelor's 
degree in a specific specialty is not a standard, minimum entry requirement for this occupation. 7 The 
Petitioner appears to acknowledge, in its response to the Director's RFE, the Handbook's report that 
4 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 B worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar experience and qualifications who are perf01ming the same services. Section 212(n)(l) 
of the Act; 20 C.F.R. § 655.73l(a). 
5 We do not, however, maintain that the Handbook is the exclusive source of relevant information. To satisfy the first 
criterion, the burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular 
position will normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
6 Bureau of Labor Statistics, U.S. Depaitment of Labor, Occupational Outlook Handbook (Handbook), Financial Analysts. 
on the Internet at https://www.bls.gov/ooh/business-and-financial/financial-analysts.htm (last visited Sep. 20, 2021 ). 
7 Notably, the Handbook repo11s that a general business degree is appropriate to enter into the occupation. However. the 
requirement of a bachelor's degree in business is inadequate to establish that a position qualifies as a specialty occupation. 
We have consistently stated that, although a general-purpose bachelor's degree, such as a degree in business. may be a 
legitimate prerequisite for a particular position, requiring such a degree, without more, will not justify a conclusion that a 
particular position qualifies for classification as a specialty occupation. Royal Siam C01p., 484 F.3d at 147. 
3 
a bachelor's degree in a specific specialty or its equivalent is not required for entry into the occupation, 
but rather that a general bachelor's degree is sufficient. The Petitioner does not offer evidence from 
additional sources to support a claim that the "Financial Analysts" occupation normally requires a 
bachelor's degree in a specific specialty. 
B. First Prong of the Second Criterion 
The second criterion presents two, alternative prongs: "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[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong concentrates upon 
the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 8 
The record includes five job postings submitted to establish that a degree requirement is common to the 
industry in parallel position among similar organizations. First, we note that the advertisers appear to 
employ a larger number of people than the Petitioner and it is not clear that they are similar to the 
Petitioner in terms of scope or revenue. Second, the responsibilities listed for each of the advertised 
positions are general and some appear to incorporate duties of an accountant or accounting clerk. 
Additionally, several of the advertisements require three or more years of experience to perform the 
advertised position; the Petitioner does not require any experience and has designated this as an 
entry-level position on the certified LCA. 9 Thus, the advertised positions appear more senior than the 
position proffered here and thus, are not parallel to the Petitioner's proffered position. Finally, the 
advertised positions confirm the Handbook's report that a financial analyst does not require a bachelor's 
degree in a specific specialty. For example, two of the advertisements require a bachelor's degree and 
indicate only a preference for a degree in finance or accounting. Preference for a particular major is not 
the same as a requirement for that degree to be in the specific discipline. Another advertisement indicates 
that a bachelor's degree in finance or accounting or equivalent experience is required but does not provide 
its standards and methodology for assessing what constitutes equivalent experience. The other two 
advertisements accept degrees in a range of fields. The advertisements submitted are insufficient to 
demonstrate that the "degree requirement" (i.e., a requirement of a bachelor's or higher degree in a 
specific specialty, or its equivalent) is common to the Petitioner's industry in parallel positions among 
similar organizations. 10 There is insufficient evidence in the record to satisfy this prong of the second 
criterion. 
x We will discuss the second prong of the second criterion in section D below. 
9 A prevailing wage determination starts with a Level I, entry level wage and progresses to a higher wage level, up to Level 
IV, after considering the experience, education, and skill requirements of the Petitioner's job opportunity. U.S. Dep't of 
Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs 
(rev. Nov. 2009), available at http://flcdatacenter.com/download/NPWHC _ Guidance_ Revised_ 11 _ 2009.pdf 
10 Moreover, even if all of the job postings indicated that a requirement of a bachelor's degree in a specific specialty is 
common to the industry in parallel positions among similar organizations (which they do not), the Petitioner does not 
demonstrate what statistically valid inferences, if any, can be drawn from the limited job postings with regard to the 
common educational requirements for entry into parallel positions in similar organizations. See generally Earl Babbie. 
The Practice a/Social Research 186-228 (7th ed. 1995). 
4 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it normally 
requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
On appeal, the Petitioner refers to its July 2019 job posting for a financial analyst, which lists the 
minimum requirement as a bachelor's degree in a finance related field, as evidence that it requires a 
bachelor's degree in a specific field. However, even if the Petitioner always requires a bachelor's 
degree in a specific specialty to perform the duties of the proffered position, which it has not 
corroborated in this record, 11 the Petitioner must still satisfy the statutory requirement that the position 
itself requires the theoretical and practical application of a body of highly specialized knowledge and 
the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent, as the 
minimum for entry into the occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii) 
( defining the term "specialty occupation). The Petitioner has not provided probative evidence that the 
proffered position qualifies as a specialty occupation under these statutory requirements. 
While a petitioner may believe or otherwise assert that a proffered position requires a degree in a 
specific specialty, that opinion alone without corroborating evidence cannot establish the position as 
a specialty occupation. Were we limited solely to reviewing a petitioner's claimed self-imposed 
requirements, then any individual with a bachelor's degree could be brought to the United States to 
perform any occupation as long as the employer artificially created a token degree requirement, 
whereby all individuals employed in a particular position possessed a baccalaureate or higher degree 
in the specific specialty, or its equivalent. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 
2000). In other words, if a petitioner's degree requirement is only symbolic and the proffered position 
does not in fact require such a specialty degree, or its equivalent, to perform its duties, the occupation 
would not meet the statutory or regulatory definition of a specialty occupation. See section 214(i)(l) 
of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
D. Second Prong of the Second Criterion and Fourth Criterion 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) is satisfied if the Petitioner shows 
that its particular position is so complex or unique that it can be performed only by an individual with 
at least a bachelor's degree in a specific specialty, or its equivalent. The fourth criterion at 8 C.F.R. 
§ 2 l 4.2(h)( 4)(iii)(A) requires a petitioner to establish that the nature of the specific duties is so 
11 The Petitioner submits the credentials, payroll printouts, and resume of another individual it claims to employ in the 
position of financial analyst; however, the record does not include sufficient information to conclude that the position is 
the same or similar to the proffered position except in title. The Petitioner did not provide the job duties and responsibilities 
for this individual's position. Further, the Petitioner did not submit any information regarding the complexity of the job 
duties, supervisory duties (if any), independent judgment required, or the amount of supervision received of this 
individual's position or the proffered position. Accordingly, it is unclear whether the duties and responsibilities of this 
individual's position are the same or similar to the proffered position. Moreover, the record does not include evidence of 
this individual's work within the context of the Petitioner's business operations. 
5 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 
The Petitioner provides a broad overview of the proposed position, essentially describing the routine 
duties of an entry-level business position. The duties, including the additional narrative provided in 
response to the Director's RFE, are repetitive and generic. They are not described as they relate to the 
operations of the Petitioner's I I-person business. 12 The duties are insufficiently detailed to 
demonstrate how the proffered position requires anything more than a general bachelor's degree. The 
Petitioner does not submit information relevant to a detailed course of study leading to a specialty 
degree and does not establish how such a curriculum is necessary to perform the duties it claims are 
"so complex or unique" or "so specialized and complex." While a few related courses may be 
beneficial in performing certain duties of the position, the Petitioner has not demonstrated how an 
established curriculum of such courses leading to a baccalaureate or higher degree in a specific 
specialty, or its equivalent, is required to perform the duties of the proffered position. 
The Petitioner asserts that the nature of its business operations should be considered when determining 
whether its particular position is a specialty occupation. 13 However, when considering the nature of 
the Petitioner's business, its business appears limited to the retail sale ofl I on the Internet. 
Although the Petitioner may have plans to expand its business, 14 a petitioner must establish that all 
eligibility requirements for the immigration benefit have been satisfied from the time of filing and 
continuing through adjudication. 8 C.F.R. § 103.2(b)(l). We reviewed the Petitioner's current 
website and the website provides a brief overview of the Petitioner's goals, includes two job openings, 
a contact page, and a one-page list ofl I for sale and their price (last accessed Sep. 20, 2021). 
This information does not assist in understanding the duties of the proposed position in relation to the 
Petitioner's business operations and does not demonstrate the proffered position is a specialty 
occupation. 
On appeal, the Petitioner claims that the Director ignored its tax return and a company brochure. We 
disagree. The Director acknowledged that the Petitioner may conduct some form of business, as 
demonstrated by the uncertified tax return, just that the Petitioner had not established the nature of the 
business, an important factor in understanding the role of the proffered position. The Petitioner asserts 
that the company brochure demonstrates that the individual in the particular position must have a good 
understanding of the complex.__ ________ __, market, and also the needs of dynamic Chinese 
consumers. However, the company "brochure" is a power point presentation listing various 
12 Although the Petitioner was organized in 2016, the record does not include probative evidence cmroborating the extent 
of the Petitioner's business operations. The record includes limited information showing at most that the Petitioner is 
engaged in the retail sale orl Ion the Internet. 
13 Notably, the Director pointed out that the record lacked probative evidence of the Petitioner's business operations. The 
Director identified multiple factors in the record that raised questions regarding the Petitioner's business operations and 
the Beneficiary's role within the business. Although the Petitioner clarified its lack of a functional website on appeal. the 
Petitioner did not address the multiple factors raised by the Director regarding its business operations. For example, the 
Director questioned the limited nature of the Petitioner's website, a document the Petitioner claimed as work product but 
is a power point presentation sample found using publicly available resources, and other claimed work product that is 
perfunctory and without context. 
14 In response to the Director's RFE, the Petitioner added that it aims to do market research forlu.o. 1000 m,u ncmmcmJ 
product manufacturers, and to act as a sales agent between the manufacturers and Chinese purchasers. However, the record 
does not include evidence that the Petitioner was actively pursuing these goals when the petition was filed. 
6 
~-------------~--~ with a cover page including the Petitioner's phone 
number and email address. The "brochure" is insufficient to demonstrate that the position proffered 
here must have a bachelor's-level understanding ot1 I Chinese customers, or finance, rather 
a general knowledge of~------~ would appear to be sufficient. The record does not 
include sufficient information to demonstrate that the proffered position is "so complex or unique" or 
is "so specialized and complex" that a bachelor's degree in a specific specialty is required. 
When determining whether a position is a specialty occupation, we look at the nature of the business 
offering the employment and the description of the specific duties of the position as it relates to the 
performance of those duties within the context of that particular employer's business operations. Here 
the Petitioner has not sufficiently described the Beneficiary's role, level of responsibility, and duties 
within the context of the business operations so that we may conclude that the position requires a 
bachelor's-level study in a specific specialty in order to perform the particular position. 
The Petitioner has not established, more likely than not, that the proffered position is a specialty 
occupation under any of the four criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) and has not established that 
the position satisfies the statutory or regulatory definition of specialty occupation. 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons, with each considered an independent and 
alternative basis for the decision. 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. The Petitioner 
has not met that burden. 
ORDER: The appeal is dismissed. 
7