dismissed H-1B Case: Finance

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
FILE: WAC 02 250 52892 Office: CALIFORNIA SERVICE CENTER Date: 
 MAR 2 8 3nn~ 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 1 Ol(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 1 10 1 (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 02 250 52892 
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 appeal will be dismissed. The petition will be 
denied. 
The petitioner is a residential care facility that seeks to employ the beneficiary as a financial analyst. The 
petitioner, therefore, endeavors to classify the beneficiary as a nonirnrnigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
9 1 lOl(a)(IS)(H)(i)(b). The director denied the petition, finding that the proposed position did not qualify as 
a specialty occupation. On appeal, counsel submits a brief and additional and previously submitted evidence. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO has reviewed the 
entire record of proceeding in making its determination as to whether the proposed position qualifies as a 
specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 11 84(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. 9 214.2@)(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; 
(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. 
WAC 02 250 52892 
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Citizenship and Immigration Services (CIS) interprets the term "degree7' in the criteria at 8 C.F.R. 
9 214.2(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. 
Evidence of the beneficiary's proposed duties as a financial analyst includes: the Form 1-129; the attachments 
accompanying the Form 1-129; the petitioner's support letter; and the petitioner's response to the director's 
request for evidence. According to this evidence, the beneficiary would perform duties that entail: analyzing 
financial markets and directing and coordinating all account activities; preparing management operations 
reports, budget and cash flow projections, and reports outlining the financial position regarding income, 
expenses, and earnings based on past, present, and future operations; performing internal audits; and 
preparing reports for management. For the proposed position, the petitioner requires at least a baccalaureate 
degree. 
In the denial letter, the director stated that the petitioner refers to the Department of Labor's Occupational 
Outlook Handbook's (the Handbook) description of a financial analyst to show that the proposed position 
qualifies as a specialty occupation. The director stated that sole reliance on duties resembling those of a 
financial analyst as described in the Handbook and the Dictionary of Occupational Titles (DOT) is misplaced. 
When determining whether a position qualifies as a specialty occupation, the director stated that the specific 
duties combined with the nature of the petitioning entity are factors that CIS considers, and that each position 
must be evaluated based on the nature and complexity of the actual job duties. The director stated that the 
beneficiary's obtaining a degree in a related area does not guarantee the position is a specialty occupation, and 
that performing incidental specialty occupation duties do not establish that a position qualifies as a specialty 
occupation. In denying the petition, the director found that the petitioner does not engage in the kind of 
business that the Handbook describes as employing a financial analyst. The director discussed the relevance 
of the DOT. 
On appeal, counsel asserts that the proposed duties are those of a financial analyst as that occupation is 
depicted in the Handbook. According to counsel, the director never requested ''infomation concerning 
parallel positions among similar organizations" or documentation that the proposed position would involve 
duties that are unique or complex. Nevertheless, counsel contends that it is common in the industry to require 
a financial analyst to possess a baccalaureate degree, and points to job advertisements from real estate and 
property management organizations seeking financial analysts with a baccalaureate degree. Counsel also 
contends that the petitioner's July 23, 2002 letter shows the offered position is specialized and complex, 
requiring a baccalaureate degree. Counsel states that Young China Daily vs. Chappell, 742 F. Supp. 552 
(N.D. Cal. 1989) indicates that the size or type of industry involved is irrelevant in determining whether a 
position is a specialty occupation. According to counsel, for-profit companies need financial analysis to 
efficiently distribute limited financial resources. Counsel asserts that the petitioner is constantly expanding 
and needs proper analysis and recommendations regarding its budget planning. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R, 
$ 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
WAC 02 250 52892 
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The AAO first considers the criteria at 8 C.F.R. $$ 214.2(h)(4)(iil)(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 posihons 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 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 1 15 1, 1 165 
(D.Minn. 1999)(quoting Hird/Blaker Corp. v. Suva, 7 12 F. Supp. 1095, I 102 (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, from a review of the duties of the position 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 baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. 
In his denial, the director found that the petitioner was not in the kind of industry that typically employed a 
financial analyst. The AAO does not agree with the director's conclusions regarding the industries in need of 
financial analysts. The 2006-2007 edition of the Handbook indicates that a financial analyst can be found 
throughout private industry. Nevertheless, the AAO does not find that the proposed position resembles that of 
a financial analyst. 
The Handbook, a resource that the AAO routinely consults, states the following with regard to the 
employment of 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 
specialists 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 for whom they work. Financial analysts assess the economic 
performance of companies and industries for firms and institutions with money to invest. . . . 
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 to project its future earnings. They often 
meet with company officials to gain a better insight into the firm's prospects and to determine 
its 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. 
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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 even be the ones who decide to buy or sell if they are 
responsible for managing the company's or client's assets. Other analysts use the data they 
find to measure the financial risks associated with malung a particular investment decision. 
Although the petitioner has identified its position as that of a financial analyst, its description of the 
beneficiary's duties lacks the specificity and detail necessary to substantiate the petitioner's contention. The 
petitioner failed to convey a detailed description of the beneficiary's duties as they relate to the petitioner's 
business operations. The duties are described in general terms; they are not depicted in a context that would 
convey the particulars of the financial activities associated with a residential care facility. For example, as 
described by the petitioner, the beneficiary will be "analyzing financial markets"; "directing and coordinating 
all account activities"; and will prepare reports for management." None of these duties are explained in detail 
and in the context of the petitioner's business operations. CIS must examine the actual employment of a 
beneficiary, which are the specific tasks to be performed by the beneficiary, to determine whether a position 
qualifies as a specialty occupation. In light of the generic job description offered here, the AAO cannot 
identify the beneficiary's specific tasks, and thereby, whether the position is that of a financial analyst. 
Furthermore, without a reliable description of the position's duties, the MO is unable to determine whether 
the perfonnance of those duties meets the statutory definition of a specialty occupation. 
On appeal, counsel asserts that the similarity between the proposed position and the Handbook's depiction of 
a financial analyst is sufficient for approval. However, a petitioner cannot establish its employment as a 
specialty occupation by describing the duties of that employment in the same general terms as those used by 
the Handbook in discussing an occupational title, such as the Handbook's statement that a financial analyst 
gathers financial information, analyzes it, and makes recommendations to their clients. This generalized 
description in the Handbook is necessary when defining the range of duties that may be performed within an 
occupation, but cannot be relied upon by a petitioner when discussing the duties attached to specific 
employment. To establish a position as a specialty occupation, a petitioner must describe the specific duties 
and responsibilities to be performed by a beneficiary in relation to its particular business interests. A 
petitioner cannot establish that a position is a specialty occupation by describing the duties of that 
employment in general terms that do not relate the position to the petitioner's specific business operations. 
Furthermore, the AAO notes that there is no evidence such as previous budgets or financial documents that 
corroborate the scope or depth of the petitioner's financial transactions and operations, which would indicate 
that the petitioner will employ the services of a financial analyst. Simply going on record without supporting 
documentary evidence is not sufficient for the purpose of meeting the burden of proof in these proceedings. 
Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). 
The level of income generated by the petitioner has a direct and substantial bearing on the scope and depth of 
the beneficiary's duties. Responsibility for income of $749,000 differs vastly from responsibility associated 
WAC 02 250 52892 
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with a far larger income. Thus, based on the evidence submitted, the AAO finds that the proposed duties 
differ from those of a financial analyst. 
For the reasons discussed above, the evidence in the record is insufficient to satisfy the regulation at 8 C.F.R. 
5 214.2@)(4)(iii)(A)(l): that a baccalaureate or higher degree or its equivalent is the normal minimum 
requirement for entry into the particular position. 
To establish the first alternative prong at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2), that a specific degree requirement 
is common to the industry in parallel positions among similar organizations, counsel refers to job 
advertisements. This evidence is not persuasive. The advertisements do not represent companies that are 
similar in nature to the petitioner, a residential care facility; or they do not describe the nature of the 
organizations. AdNetIAccountNet Inc. seeks a financial analyst for a manufacturing organization; Hitco 
Carbon Composites is a supplier of composite structures and rocket nozzles; Take-Two Interactive Software, 
Inc. is a software company; Adecco represents a technology company; and Fleetwood Enterprises, Inc. is a 
manufacturer. The advertisements do not describe the nature of Synaptics and bankbac.com. Based on an 
evaluation of the job advertisements, the AAO finds that they fail to establish that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
The second alternative prong at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2) requires that the petitioner show that its 
particular position is so complex or unique that it can be performed only by an individual with a degree in a 
specific specialty. As discussed under 8 C.F.R. § 214.2(h)(iii)(A)(I), by depicting the beneficiary's duties in 
general terms that do not relate the position to the petitioner's specific business operations, and by not 
submitting corroborating evidence that would demonstrate that the proposed position is complex or unique, the 
petitioner fails to establish that the proposed position requires a baccalaureate degree in a specific specialty. 
Consequently, the petitioner fails to establish the second alternative prong at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(2). 
No evidence satisfies the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the petitioner normallyrequires a 
degree or its equivalent for the position. 
The fourth criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A) requires that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree. As conveyed in the discussion of 8 C.F.R. 
6 2 14.2(h)(iii)(A)(I), the proposed position is described in general terms. Furthermore the record lacks sufficient 
evidence that would establish that the nature of the proposed duties is specialized and complex, requiring a 
bachelor's degree in a specific field such as accounting, statistics, or finance. Consequently, the petitioner 
fails to establish this last criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
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 appeaI is dismissed. The petition is denied.