dismissed H-1B Case: Finance

identifying data to 
prevent .!.~-!p unw-ted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
4 .-, 
!/ '6. 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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. 
5a~~,* 
Robert P. Wiemann, Drfec 
L/ Administrative Appeals (!%ice 
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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 finance lender with nine employees that seeks to employ the beneficiary as a market 
research analyst. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant 
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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the basis of his finding that the petitioner had failed to establish that the 
proposed position qualifies for classification as a specialty occupation. 
The record of proceeding before the AAO contains (1) the 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) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
Section 214(i)(l) of the Immigration and Nationality Act (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 term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(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 a 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: 
(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 
WAC 04 162 52599 
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(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 proposed position. 
In its April 22, 2004 letter of support, the petitioner set forth the specific duties of the proposed position 
as follows: 
Research consumer financial market conditions to determine potential sales of both 
lending and non-lending financial services and research costs and methods for asset and 
material maintenance. Establish methods for research and compiling data from sources 
such as Internet, professional publications, documentary reports, government studies[,] 
and census reports regarding demographics, economics standing[,] and social acceptance 
of certain forms of financial service within specific socio-economic groups. Compile 
data regarding short-term and long-term investment opportunities, non-interests [sic] 
costs and return history, asset storage[,] and costs. Analyze all such data and present to 
management personnel. 
The director denied the petition, finding that the petitioner had satisfied none of the criteria set forth at 
8 C.F.R. 4 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. 
In determining whether a proposed 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. The AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
In his denial, the director, relying on the 2004-2005 edition of the Handbook, found that many of the 
duties of the proposed position reflect the employment of a market research analyst, but concluded that 
the record failed to establish that the petitioner's business was of the type to require a market research 
analyst. While, as discussed below, the AAO concurs in the director's ultimate finding that the proposed 
position is not a specialty occupation, it does not agree with the reasoning that led him to his conclusion. 
The AAO finds the director to have erred in concluding that the petitioner does not operate the type of 
business that would require a market research analyst. The Handbook indicates that the work of market 
research analysts is applicable to many industries and that they are employed throughout the economy. In 
that market researchers are concerned with the potential sales of products or services and provide a 
company's management with the information needed to make decisions on the promotion, distribution, 
design and pricing of products or services, the petitioner's need for marketing research may not be 
discounted based on a lack of organizational complexity or its type of business. The fact that the 
petitioner is a finance lender does not preclude it from engaging in the type of market research activities 
described by the Handbook as a means of identifying business opportunities. Therefore, the AAO 
withdraws the director's findings in this regard. 
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The 2006-2007 edition of the Handbook states the following with regard to the employment of market 
research analysts: 
Market, or marketing, research analysts are concerned with the potential sales of a 
product or service. Gathering statistical data on competitors and examining prices, sales, 
and methods of marketing and distribution, they analyze statistical data on past sales to 
predict future sales. Market research analysts devise methods and procedures for 
obtaining the data they need. Often, they design telephone, mail, or Internet surveys to 
assess consumer preferences. They conduct some surveys as personal interviews, going 
door-to-door, leading focus group discussion, or setting up booths in public places such 
as shopping malls. Trained interviewers, under the market research analyst's direction, 
usually conduct the surveys. 
After compiling and evaluating the data, market research analysts make 
recommendations to their client or employer based upon their findings. They provide a 
company's management with information needed to make decisions on the promotion, 
distribution, design, and pricing of products or services. The information also may be 
used to determine the advisability of adding new lines of merchandise, opening new 
branches, or otherwise diversifying the company's operations. Market research analysts 
might also develop advertising brochures and commercials, sales plans, and product 
promotions such as rebates and giveaways. 
The Handbook states the following with regard to the educational qualifications necessary for entry into 
this field: 
A bachelor's degree is the minimum educational requirement for many market and 
survey research jobs. However, a master's degree may be required, especially for 
technical positions, and increases opportunities for advancement to more responsible 
positions. Also, continuing education is important in order to keep current with the latest 
methods of developing, conducting, and analyzing surveys and other data. Market and 
survey researchers may earn advanced degrees in business administration, marketing, 
statistics, communications, or some closely related discipline. 
As the Handbook finds that market research analyst positions impose no specific degree requirement on 
individuals seeking employment in the field, the petitioner cannot establish that its proposed market 
research analyst position requires the beneficiary to hold a baccalaureate or higher degree, or its 
equivalent, in a specific specialty. When a range of degrees, e.g., the liberal arts, or a degree of generalized 
title without further specification, e.g., business administration, can perform a job, the position does not 
qualify as a specialty occupation. See Matter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm. 1988). 
To prove that a job requires the theoretical and practical application of a body of specialized knowledge as 
required by Section 214(i)(l) of the Act, a petitioner must establish that the position requires the attainment of 
a bachelor's or higher degree in a specialized field of study. As noted previously, CIS interprets the degree 
requirement at 8 C.F.R. 3 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly related 
to the proposed position. Accordingly, the petitioner cannot establish its proposed position as a specialty 
occupation under 8 C.F.R. 9 214.2(h)(4)(iii)(A)(I). 
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Nor does the proposed position qualify as a specialty occupation under either alternative prong of 
8 C.F.R. 9 214.2(h)(4)(iii)(A)(2). The first prong of this regulation requires a showing that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
In his request for evidence, the director specifically afforded the petitioner the opportunity to establish its 
proposed position as a specialty occupation under this prong. However, the petitioner declined to provide 
any such evidence, stating that it had a "problem" with the director's desire for proof that companies similar 
to the petitioner require a degree for the position. While the petitioner did state that "[wle respectfully submit 
that the degree requirement is common. . . .," no supporting evidence was submitted. However, simply going 
on record without supporting documentary evidence is not sufficient for purposes of meeting the burden 
of proof in these proceedings. Matter of Sof$ci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of 
Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Accordingly, the proposed position does not qualify as a specialty occupation under the first prong of 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The AAO also concludes that the record does not establish that the proposed position is a specialty 
occupation under the second prong of 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2), which requires a showing that the 
position is so complex or unique that it can only be performed by an individual with a degree. It finds no 
evidence that would support such a finding, as the position proposed in the petition is very similar to the 
market research analyst position described in the Handbook, which does not require a degree in a specific 
field. 
Accordingly, the petitioner has not established its proposed position as a specialty occupation under either 
prong of 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2). 
Nor does the proposed position qualify as a specialty occupation under 8 C.F.R. 9 214.2(h)(4)(iii)(A)(3), 
which requires a showing that the petitioner normally requires a degree or its equivalent for the proposed 
position. To determine a petitioner's ability to meet this criterion, the AAO normally reviews the petitioner's 
past employment practices, as well as the hstories, including names and dates of employment, of those 
employees with degrees who previously held the position, and copies of those employees' diplomas. No 
evidence has been submitted to verify that the proposed position qualifies as a specialty occupation under this 
criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), which requires a 
demonstration that 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. 
To the extent they are depicted in the record, the duties of the proposed position do not establish that their 
performance would usually be associated with attainment of at least a bachelor's degree in a specific 
specialty. The descriptions of the duties in the record do not convey such specialization or complexity or 
that they would be beyond the competency of market research analysts without such a degree. There is 
no information in the record to support a finding that the duties are more specialized and complex than the 
market research analyst positions for which the Handbook indicates no requirement for the highly specialized 
knowledge associated with at least a bachelor's degree in a specific specialty. Therefore, the evidence does 
not establish that the proposed position is a specialty occupation under 8 C.F.R. 9 214.2(h)(4)(iii)(A)(4). 
The petitioner has failed to establish that the position qualifies for classification as a specialty occupation 
under any of the criteria set forth at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(l), (2), (3), and (4). As the proposed 
WAC 04 162 52599 
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position is not a specialty occupation, the beneficiary's qualifications to perform its duties are immaterial. 
Accordingly, the AAO will 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. 
8 1361. The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.