dismissed H-1B Case: Finance

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PrnLIC COPY 
FILE: WAC 03 188 54547 Office: CALIFORNIA SERVICE CENTER Date: @J 2 7 2005 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l5)(H)(i)@) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 1 Ol(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 
WAC 03 188 54547 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appkal will be dismissed. The petition will be 
denied. 
The petitioner is construction management consultancy firm with, two employees. It seeks to employ the 
beneficiary as a full-time financial analyst. The petitioner, therefore, endeavors to classifl the beneficiary as a 
noninnnigrant worker in a specialty occupation pursuant to section 10 1 (a)(l S)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. $ 1 lOl(a)(l5)(H)(i)(b). ... 
The director denied the petition because the pro'ffered position is not a specialty occupation. On appeal, 
counsel submits a brief and supporting docum*ents. 
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. 
Pursuant to 8 C.F.R. $ 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(1) 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. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
5 214.2(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 pos(tion. 
I 
The record of proceeding before the AAO contgins: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) response to the director's request; (4) the director's 
denial letter; and (5) Form I-290B and suppofting documentation. The AAO reviewed the record in its 
entirety before issuing its decision. 
WAC 03 188 54547 
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The petitioner is seeking the beneficiary's services as a full-time financial analyst. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the company 
support letter; and petitioner's response to the direct~r's request for evidence. According to this evidence, the 
beneficiary would perform duties that entail being primarily responsible for overseeing preparation of 
financial reports, directing investment activities, and implementing cash management strategies; developing 
and monitoring operating and capital budgets, preparing financial analyses and forecasts, handling cost 
accounting, analyzing operations activity costs and recommending cost containment measures; preparing 
journal entries and assisting in month-end close reporting; producing and distributing weekly, monthly and 
quarterly reports in an accurate and 'timely manner; troubleshooting financial issues and inconsistencies; 
researching and analyzing problems that arise during report preparation; analyzing prices of services offered 
by business competitors; preparing financial-and cost analysis reports and recommending courses of action; 
and studying expansion opportunities and proposals. The petitioner indicated that the proffered position 
requires a bachelor's degree or its equivalent in business administration, management, finance, accounting, or 
a related field of study. 
The director issued a request for 'evidence to establish that the proffered position qualifies as a specialty 
occupation. The director requested a detailed description of the work done, including specific job duties and 
the percentage of time to be spent ,on each duty. The director requested an explanation of why the work done 
requires the services of a person w$o has a college degree or its equivalent in the occupational field. The 
director noted that the beneficiary holds ,a business administration degree majoring in commerce and that the 
copies of the school transcripts shows, that the courses taken by the beneficiary do not establish that the 
beneficiary would be able to analyze the csmpany's direct investment activities. 
In response, the petitioner stated that the-beneficiary would perform the following duties: 
0 Budget planning 20% of time; , 
Preparing financial analyses and forecasts 20% of time; 
Handling cost accounting 20% of time; 
Preparing reports 20% of time; 
Trouble shooting financial issues and inconiistencies 20% of time. 
In response to the director's concerns regarding the beneficiary's qualifications, the petitioner asserts that the 
beneficiary is qualified because of her educational evaluation. The petitioner refers to the Department of 
Labor's Occupational Outlook Handbook (the Handbook) which indicates that the field of study can be 
finance, accounting, economics or business administration for the position of financial analyst. Additionally, 
the petitioner submitted the original ~chool transcripts requested by the director. The petitioner submitted 
several internet job postings for financial analyst positions. 
The director found that the duties described by the petitioner are similar to those of a bookkeeper, accounting 
and auditing clerk as described by the Handbook. The Handbook indicates that bookkeeping, accounting, and 
auditing clerks are an organization's financia record keepers. In small establishments, bookkeeping clerks 
handle all financial transactions and recordkeepin/g. They record all transactions, post debits and credits, 
produce financial statements, and prepare reports ,and summaries for supervisors and managers. They also 
may handle payroll, make purchases, prepare invoices, and keep track of overdue accounts. The director 
determined that the petitioner offered a very general and vague job description for the proffered position 
I 
WAC 03 188 54547 
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which provided very little insight into the beneficiary's actual day-to-dayduties. The director stated that he 
could not conclude that there is a bona fide position that can be considered-a specialty occupation or that the 
beneficiary will be primarily engaged in performing duties in a specialty occupation. 
On appeal, the petitioner contends that the 'tjob title of financial analyst can only be performed by a trained or 
experienced individual with a baccalaureate degree in business administrqtion, or accounting, or finance, as 
the alien beneficiary is." The petitioner restates the beneficiary's jgb duties as being: budget planning, 
financial analyses and forecasts, cost accounting, and preparation of periodic financial reports and trouble 
shooting financial issues and inconsistencies. The petitioner contends that in order for it to be properly 
advised on complex operational money matters such as income and expense ratio as well as debt to equity 
ratio while a construction project is on going it needs the beneficiary's services. The petitioner asserts that a 
bookkeeper cannot perform financial analysis. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 214.20(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO first considers the criteria at 8 C.F.R. $$ 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only byAan 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 firms or individuals in the industry attest that such firms 
"routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1 165 
(D.Minn. 1999)(quoting Hird/Blaker Corp. v. !Sava, 712 F. Supp. 1095,1102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, fi-om a review of the duties of the positioA and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureatk degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. The AAO routinely consults the Handbook for its information about the 
duties and educational requirements of particular occupations. 
The petitioner indicated that it had 2 employees and grossed over $250,000 in sales. The petitioner has not 
provided evidence that supports its assertion that due.to the size and complexity of its business the proffered 
duties are so complex and specialized that they comprise a financial analyst position requiring a baccalaureate 
level of education in a specialty. , 
As discussed above, the Handbook reveals that many of the beneficiary's duties are performed by 
bookkeeping, accounting, auditing and financial clerks. As shown in the Handbook, bookkeeping, 
accounting, and auditing clerks produce financial statements and prepare reports and summaries for 
supervisors and managers, which would be used by them to make sound business decisions. Further, the 
WAC 03 188 54547 
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Handbook reports that employers require most financia! clerks to have at least a high school diploma, and for 
bookkeepers and accounting clerks, they often require an associate's degree in business or accounting.' 
Although the petitioner asserts the proffered position is a financial analyst, the petitioner has not sufficiently 
described the proffered position in relation to -the nature of its business for the AAO to conclude that the 
proffered position is that of a financial analyst. 
The Handbook reveals the following about financial analysts: 
Financial analysts and personal financial advisors provide analysis and guidance to 
businesses and individuals to help them with their investment decisions. Both types of 
specialist gather financial information, analyze it, and make recommendations to their clients. 
However, their job duties differ because of -the type of investment information they provide 
and the clients they work for. Financial analysts assess the economic performance of 
companies and industries for firms and institutions with money to invest. PersonalJinancial 
advisors generally assess the financial needs .of individuals, providing them a wide range of 
options. 
Financial analysts, also called securities analysts and investment analysts, work for banks, 
insurance companies, mutual and pension funds, securities firms, and other businesses, 
helping these companies or their clients make investment decisions. Financial analysts read 
company financial statements and analyze commodity prices, sales, costs, expenses, and tax 
rates in order to determine a company's value and project future earnings. They often meet 
with company officials to gain a better-insight into a company's prospects and to determine 
the company's managerial effectiveness. Usually, financial analysts study an entire industry, 
assessing current trends in business practices, products, and industry competition. They must 
keep abreast of new regulations or policies that may affect the industry, as well as monitor the 
economy to determine its effect on earnings. 
Financial analysts use spreadsheet and statistical software packages to analyze financial data, 
spot trends, and develop forecasts. On the basis of their results, they write reports and make 
presentations, usually making recommendations to buy or sell a particular investment or 
security. Senior analysts may actually make !he decision to buy or sell for the company or 
According to the website for Skyline College, a community college located in San Mateo, California, 
(www.skylinecolle~e.net), an associate's degree in business or accounting would involve learning the 
fundamentals about financial accounting principles and concepts, balance sheets, income statements, cash 
flow statements, the GAAP, forecasting, budgeting, cost accounting, break even analysis, developing and 
operating a computerized accounting system using tools such as QuickBooks, QuickBooks Pro, or Peachtree, 
an integrated commercial accounting software package that is used to review, differentiate, and interpret 
accounting concepts and data in a multitude of business situations. Thus, an associate's degree would provide 
knowledge about the GAAP and accounting techniques which serve the needs of management and facilitate 
decision-making. 
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client if they are the ones responsible for managing the assets. Other analysts use the data to 
measure the financial risks associated with mahng a particular investment decision. 
I 
The proffered position is not a financial analyst according to the description found in the Handbook. The 
beneficiary will not be assessing the economic performance of the company to advise it on investment 
matters. The evidence in the record is insufficient to establish the regulation at 8 C.F.R. 
$ 214.2@)(4)(iii)(A)(I): that a baccalaureate or higher degree or its equivalent is the normal minimum 
requirement for entry into the particular position. 
To establish the second criterion - that a specific degree requirement is common to the industry in parallel 
positions among similar organizations - the petitioner submit: various internet postings for the position of 
financial analyst from various companies. One deficiency in She postings is that the companies are either 
obviously dissimilar to the petitioner or their nature is undisclbsed; Adecco is an employment agency. The 
posting for a financial analyst by Parexel indicates that it is a medical marketing research organization. 
However, the duties of the proffered position are not for those of a financial analyst, as discussed above. 
No evidence in the record establishes the regulation at 8 C.F.R. 3 214.2@)(4)(iii)(A)(2) which requires the 
petitioner to establish that a specific degree requiremqnt is common to the industry in parallel positions 
among similar organizations. Nor can the petitioner establish that,the particular position is so complex or 
unique that it can be performed only by an individual with a degree. As already discussed above, the 
Handbook reveals that many of the beneficiary's duties are performed by bookkeeping, accounting, and 
auditing clerks, occupations that do not require a bache19r"'s degree. 
Nor is there evidence in the record to establish the third' criterion at 8 C.F.R. 5 214,2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. 
I 
The regulation at 8 C.F.R. $ 214.20(4)(iii)(A)(4) req&es that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is usually 
associated with the attainment of a baccalaureate or higher degree. The petitioner states that the duties of the 
proffered position are so specialized and complex that a bachelor's degree is mandatory. The petitioner's 
assertions are not substantiated by the facts of the recbrd. The petitioner is a two-person construction 
consulting firm. The petitioner has provided no evidence of the budgets to be planned, or the volume of 
contracts or projects to be analyzed for profitability. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter ofSoffici, 
22 I&N Dec. 158, 165 (Cornm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Cornm. 1972)). Upon review of the record, the petitioner has not documented the duties of the proffered 
position in relation to the nature of its business. Many of the beneficiary's duties are performed by 
bookkeeping, accounting, auditing and financial clerks, occupations that do not require a bachelor's degree. 
The petitioner therefore fails to establish 8, C.F.R. tj 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. Accordingly, the AAO shall not disturb the director's denial of the petition. 
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 not sustained that burden. 
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ORDER: The appeal is dismissed. The petition is denied.