dismissed H-1B Case: Financial Management

MATTER OF P-P-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 10.2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a plumbing company, seeks to temporarily employ the Beneficiary as a .. chief 
financial officer'' under the H -1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
The H-IB 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 Director. California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established that the proffered position qualifies as a specialty occupation in 
accordance with the applicable statutory and regulatory provisions. 
The matter is now before us on appeal. In its appeal. the Petitioner submits additional evidence and 
asserts that the Director erred in her decision. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
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.P.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: 
Matter of P-P-, Inc. 
(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.P.R.§ 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term .. degree'' in the criteria at 8 C.P.R. § 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. See Royal Siam Corp. v. Cherto.tt: 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"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the letter of support, the Petitioner provided the Beneficiary's job duties in the proffered position. 
along with the approximate percentage of time the Beneficiary \Vill spend on each duty.1 In addition. 
the Petitioner stated that the position '·requires the attainment of the equivalent of a Bachelor's 
Degree in Business Administration or related field .. , 
In the Labor Condition Application (LCA) submitted in support of the H-1 B petition, the Petitioner 
asserted that the proffered position falls under the .. Financial Managers" occupational category 
corresponding to the Standard Occupational Classification code 11-3031. The Petitioner classified 
the proffered position at a Level I wage rate. 
In response to the Director's request for evidence (RFE). the Petitioner submitted additional 
information regarding the duties of the proffered position, as follows: 
Management of Financial Operations: 
Analyze all financial operations to identify areas of improvement and to recommend 
corrective action; analyze tax, audit, and payroll documents to determine compliance 
1 Notably, the wording of the duties provided by the Petitioner for the proffered position are taken almost verbatim from 
a job posting and a sample job description found on the Internet for a chief financial officer. 
2 
Matter of P-P-. Inc. 
with financial goals and federal, state, locaL and contractual guidelines; monitor cash 
flow, expenses, and purchasing of necessary equipment and supplies to ensure 
adequacy for operational needs and goals 
20% 
Prepare organizational operating and contract budgets; prepare sales and cost-of­
goods forecasts and analysis; draft financial reports. including income statements, 
balance sheets, and annual reports; oversee the coordination and activities of 
independent auditors to ensure all audit issues are resolved 
20% 
Advise Executive Team (Board, CEO, and COO) on financial goals, potential issues. 
best practices, and expanding our commercial projects; present to implement 
organizational-wide estimating, procurement, accounting, budget compliance, and 
other financial control policies 
20% 
Supervise, direct, and review finance-related functions of subordinates on the 
Financial Team (Bookkeeper and Payroll) to ensure compliance with overall financial 
goals, company policy, and industry best practices; oversee the day-to-day finance 
functions of the Finance Team;9 provide necessary financial training to members of 
the Finance Team 
10% 
Coordinate with third-party service providers, including banks, accounting firms, 
auditors. and insurance companies; review financial services provided by third parties 
to ensure quality and pricing meet company goals 
5% 
Employee Programs: 
Develop and implement employee programs, such as health care and retirement 
savings, with goal of maximizing financial resources and productivity to increase 
revenues; coordinate with Executive Team to implement employee excellence and 
cost-effective apprenticeship programs with the goal of reducing turnover costs and 
increasing long-term revenues; review costs of existing and new employee programs 
2 The Petitioner did not state in the initial job description that the Beneficiary would supervise, direct. and review the 
finance-related functions of subordinates on the Financial Team (Bookkeeper and Payroll). 
3 
Matter of P-P-, Inc. 
m light of financial constraints and budgetary goals to determine feasibility of 
programs 
15% 
Business Development: 
Advise Executive Team on financial implications of potential funding and sales 
opportunities; develop and direct the implementation of cost efficiency measures that 
facilitate future growth opportunities; advise management on and oversee the 
streamlining of pricing and cost estimation procedures to allow the company to more 
effectively pursue new business; draft prospective programmatic budgets and 
forward-looking reports that enable the company to manage financial resources in a 
way that facilitates sustain gro\\1h 
10% 
On appeal, the Petitioner asserts that .. the duties of the position are so complex that a bachelor's 
degree in a closely-related field providing a specialized body of knowledge in the field of financial 
management must reasonably be required to perform the duties of the proffered position." 
III. ANALYSIS 
Upon review, we find that the Petitioner has provided inconsistent information regarding the 
requirements for the proffered position. For instance, the Petitioner stated on the support letter and 
in response to the RFE that the proffered position requires a bachelor's degree in business 
administration or a related field. However, on appeal, the Petitioner states that the position requires 
.. at least a bachelor's degree in financial management or a similar field .... " No explanation for the 
variance was provided by the Petitioner. ''[l]t is incumbent upon the petitioner to resolve the 
inconsistencies by independent objective evidence." j\1atter of Ho, 19 I&N Dec. 582. 591 (BIA 
1988). Any attempt to explain or reconcile such inconsistencies will not suffice unless the Petitioner 
submits competent objective evidence pointing to where the truth lies. !d. at 591-92. 
In addition, the Petitioner's claim that a bachelor's degree in business administration is a sufficient 
minimum requirement for entry into the proffered position is inadequate to establish that the 
proposed position qualifies as a specialty occupation. A petitioner must demonstrate that the 
profTered position requires a precise and specific course of study that relates directly and closely to 
the position in question. Since there must be a close correlation between the required specialized 
studies and the position, the requirement of a degree with a generalized title, such as business 
administration, without further specification, does not establish the position as a specialty 
occupation. C.Y Afatter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). 
4 
Matter of P-P-, Inc. 
To prove that a job requires the theoretical and practical application of a body of highly 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 or its 
equivalent. As previously stated, USCIS interprets the degree requirement at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly related to the proposed 
position.10 Although a general-purpose bachelor's degree, such as a degree in business 
administration, may be a legitimate prerequisite for a particular position. requiring such a degree. 
without more. will not justify a finding that a particular position qualities for classification as a 
specialty occupation. Royal Siam Corp. v. Chertl~jf; 484 F .3d at 14 7.11 
Again. the Petitioner in this matter claims that the duties of the proffered position can be performed 
by an individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree in business 
administration. Without more, this assertion alone indicates that the proffered position is not in fact 
a specialty occupation. For this reason alone. the position does not qualify as a specialty occupation 
and the petition cannot be approved. 12 
3 8 C.F.R. § 214.2(h)(4)(iii)(A) must logically be read together with section 214(i)(l) of the Act and 8 C.F.R. 
§ 214.2(h)(4)(ii). In other words, this regulatory language must be construed in harmony with the thrust of the related 
provisions and with the statute as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281,291 (1988) (holding that 
construction of language which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint T'enture v. Fed. Sav. and Loan Ins. Corp., 489 U.S. 561 ( 1989); Matter (?!' W-F-. 21 I&N Dec. 503 
(BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) should logically be read as being necessary but 
not necessarily sufficient to meet the statutory and regulatory definition of specialty occupation. To otherwise interpret 
this section as stating the necessary and sufficient conditions for meeting the definition of specialty occupation would 
result in particular positions meeting a condition under 8 C.F.R. § 214.2(h)(4)(iii)(A) but not the statutory or regulatory 
definition. See Defensor v. Meissner, 201 F.3d at 387. To avoid this result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore 
be read as providing supplemental criteria that must be met in accordance with, and not as alternatives to. the statutory 
and regulatory definitions of specialty occupation. 
~ Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
!d. 
The courts and the agency consistently have stated that, although a general-purpose bachelor's degree. 
such as a business administration degree, may be a legitimate prerequisite for a particular position. 
requiring such a degree, without more, will not justify the granting of a petition for an H-1 B specialty 
occupation visa. See, e.g, Tapis Int '1 v. INS. 94 F.Supp.2d I 72, 175-76 (D. Mass. 2000): ,%anti. 36 F. 
Supp. 2d at 1164-66: cf Matter of Michael Hert::: Assocs., 19 I & &N Dec. 558. 560 ([Comm 'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
5 A general degree requirement does not necessarily preclude a proffered position from qualif):ing as a specialty 
occupation. For example, an entry requirement of a bachelor's or higher degree in business administration with a 
concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant 
education. training. and/or experience may. in certain instances, qualify the proffered position as a specialty 
occupation. In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher 
degree in a specific specialty that is directly related to the proffered position. See Royal Siam Cow r. C 'hcrhd/. 484 F.3d 
at 147. 
5 
Matter of P-P-, Inc. 
Nevertheless, for the purpose of performing a comprehensive analysis of whether the proffered 
position qualifies as a specialty occupation, we now turn to the criteria at 8 C .F.R. 
§ 214.2(h)(4)(iii)(A). 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), which 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. To inform this inquiry. we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.13 
We reviewed the chapter of the Handbook entitled .. Financial Managers," including the sections 
regarding the typical duties and requirements for this occupational category. The subchapter of the 
Handbook entitled "How to Become a Financial Manager" states the following about this 
occupational category: 
Financial managers typically have a bachelor's degree and 5 years or more of 
experience in another business or financial occupation, such as an accountant, 
securities sales agent, or financial analyst. 
Education 
A bachelor's degree in finance, accounting, economics, or business administration is 
often the minimum education needed for financial managers. However, many 
employers now seek candidates with a master's degree, preferably in business 
administration, finance, or economics. These academic programs help students 
develop analytical skills and learn financial analysis methods and software. 
Licenses, Certifications, and Registrations 
Professional certification is not required, but some financial managers still get it to 
demonstrate a level of competence. The CF A Institute confers the Chartered Financial 
Analyst (CF A) certification to investment professionals who have at least a 
bachelor's degree, 4 years of work experience, and pass three exams. The Association 
6 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the 1ntemet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is. the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion. however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
6 
Matter of P-P-, Inc. 
for Financial Professionals confers the Certified Treasury Professional credential to 
those who pass an exam and have a minimum of 2 years of relevant experience. 
Work Experience in a Related Occupation 
Financial managers usually have experience in another business or financial 
occupation. For example, they may have worked as a loan officer, accountant, 
securities sales agent, or financial analyst. 
In some cases, companies provide formal management training programs to help 
prepare highly motivated and skilled financial workers to become financial managers. 
U.S. Dep't of Labor, Bureau of Labor Statistics. Occupational Outlook Handbook, 2016-17 ed .. 
Financial Managers, http://www.bls.gov/ooh/managemcnt/print/financial-managers.htm (last visited 
June 9, 2016). 
The Handbook states that a bachelor's degree in finance, accounting, economics, or business 
administration is often the minimum education needed for financial managers. !d. This statement 
docs not indicate that a baccalaureate (or higher degree) in a specific specialty is normally the 
minimum requirement for entry. As previously discussed, although a general-purpose bachelor"s 
degree, such as a degree in business administration, may be a legitimate prerequisite for a particular 
position, requiring such a degree, without more, will not justify a finding that a particular position 
qualifies for classification as a specialty occupation. Royal Siam Corp. v. Chertoff, 484 F.3d at 147. 
Thus, the Handbook does not support the claim that the occupational category is one for which 
normally the minimum requirement for entry is a baccalaureate degree (or higher) in a specific 
specialty, or its equivalent.7 
On appeal, the Petitioner asserts that •'the fact that more than one possible major is listed in the 
[Handbook] does not render a petition unapprovable under the first regulatory criteria [sic]:' 
However, the Petitioner's assertion does not adequately address the deficiencies associated with the 
Petitioner's acceptance of a general-purpose bachelor's degree in business administration as a 
7 The narrative of the Handbook indicates that some financial managers obtain professional certification to demonstrate a 
level of competence. While the Petitioner does not require professional credentials for this particular position. we 
observe that, even if it did, professional certifications do not require at least a bachelor's degree in a directly related field 
(or its equivalent). For additional information regarding Chartered Financial Analyst and Certified Treasury Professional 
certifications, see https://www.cfainstitute.org/Pages/index.aspx (last visited June 9, 2016) and 
http://www.afponline.org/ (last visited June 9, 2016). 
In addition, the Handbook states that financial managers usually have a bachelor's degree and five or more years of 
experience in another business or financial occupation. !d. It further reports that "[i]n some cases. companies provide 
formal management training programs to help prepare highly motivated and skilled financial workers to become 
financial managers.'' !d. These statements suggest that financial workers can gain entry into the occupation through 
their companies' training programs in lieu of other requirements. 
(b)(6)
Matter of P-P-, Inc. 
sufficient minimum entry requirement for the particular position. See Royal Siam Corp. v. Chert<df; 
484 F.3d at 147; cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). 
In response to the RFE, the Petitioner provided a printout from regarding the 
requirements for a chief financial officer. The printout states that the position requires a ''Bachelor's 
degree in business administration or economics.'' Again, the recognition that a generaL non­
specialty "background" in business administration is sufficient for entry into the occupation strongly 
suggests that a bachelor's degree in a specific specialty is not a standard. minimum entry 
requirement for this occupation. Accordingly. the website does not support the particular 
position proffered here as being a specialty occupation. 
In addition, the Petitioner submitted a copy of the Occupational Information Network (O*NET) 
OnLine Summary Report for ·'Treasurers and Controllers:· which is a sub-category of the '·Financial 
Managers" occupational category. The Petitioner stated that the .. proffered position fits into the 
Treasurers and Controllers category." We find that O*NET does not establish that the proffered 
position qualifies as a specialty occupation. In generaL O*NET is not particularly useful in 
determining whether a baccalaureate degree in a specific specialty , or its equivalent, is a standard 
entry requirement for a given position, as O*NET Job Zone designations make no mention of the 
specific field of study from which a degree must come. Furthennore, the Specialized Vocational 
Preparation (SVP) ratings, which are cited within O*NET's Job Zone designations. are meant to 
indicate only the total number of years of vocational preparation required for a particular position. 
The SVP ratings do not describe how those years are to be divided among training, formal education. 
and experience and it does not specify the particular type of degree. if any. that a position would 
require. Therefore, the O*NET is also not probative 
evidence that the proffered position qualiJies as 
a specialty occupation. 
The Petitioner also refers to unpublished AAO decisions in support of its claim that the proffered 
position is a specialty occupation. The Petitioner has furnished no evidence to establish that the 
facts of the instant petition are analogous to those in the unpublished decisions. While 8 C.F.R. 
§ 103.3(c) provides that our precedent decisions are binding on all USCIS employees in the 
administration ofthe Act, unpublished decisions are not similarly binding. 
In the instant case, the duties and requirements of the position as described in the record of 
proceeding do not indicate that this particular position proffered by the Petitioner is one for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent , is normally the minimum 
requirement for entry. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
B. 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 
8 
Matter of P-P-. Inc. 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
contemplates common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish 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 industry in parallel positions among similar organizations. 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook or other authoritative sources report a standard industry-wide requirement for at least 
a bachelor's degree in a specific specialty, or its equivalent. We incorporate by reference the 
previous discussion on the matter. 
In support of the assertion that the proffered position is a specialty occupation under this criterion of 
the regulations, the Petitioner submitted copies of job advertisements. However, upon review of the 
documents, we find that the Petitioner's reliance on the job announcements is misplaced. 
On the Form 1-129, the Petitioner stated that it is a plumbing business with 24 employees. The 
Petitioner also reported its gross annual income as $2.5 million. The Petitioner designated its 
business operations under the North American Industry Classification System (NAICS) code 
238220, which is designated for ''Plumbing, Heating, and Air-Conditioning Contractors."x U.S. 
Dep't of Commerce, U.S. Census Bureau, 2012 NAICS Definition, 238220 - Plumbing, Heating, 
and Air-Conditioning Contractors, http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited 
June 9, 2016). 
However, the job postings do not appear to involve organizations similar to the Petitioner and in the 
Petitioner's industry. The postings include the following: (1) a company in the banking industry: (2) 
a company that .. is a market-leading designer and manufacturer of high quality merchandising 
displays for the supermarket industry"; (3) a company in the food service industry; ( 4) a freight 
brokerage company; (5) a company in the travel, transportation, and tourism industry: (6) a staffing 
agency; (7) a company in the technology industry; and (8) a company in the financial management 
services industry. It does not appear that the advertisements are from companies similar in scope to 
the Petitioner and engaged primarily in plumbing services. It is not sufficient for the Petitioner to 
8 According to the U.S. Census Bureau, NAICS is used to classify business establishments according to the primary 
business activity taking place there. See http://www.census.gov/eos/www/naics/ (last visited June 9, 2016). The U.S. 
Census Bureau website describes the 238220 NAICS code by stating: "'This industry comprises establishments primarily 
engaged in installing and servicing plumbing, heating, and air-conditioning equipment. Contractors in this industry may 
provide both parts and labor when performing work. The work performed may include new work, additions. alterations. 
maintenance, and repairs." U.S. Dep't of Commerce, U.S. Census Bureau, 2012 NAICS Definition, 238220- Plumbing. 
Heating, and Air-Conditioning Contractors, http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited June 9. 
2016). 
9 
Matter of P-P-, Inc. 
claim that an organization is similar and in the same industry without providing a legitimate basis for 
such an assertion.9 .. [Gloing on record without supporting documentary evidence is not sufficient 
for purposes of meeting the burden of proof in these proceedings.'' Matter of So.ffici, 22 I&N Dec. 
158, 165 (Comm'r 1998) (citing Matter ofTreasure Crafi a,[ Cal., 14 I&N Dec. 190 (Reg'l Comm'r 
1972)). 
Further, some of the advertisements do not appear to involve parallel positions. For example, one of 
the postings is for a position which requires a degree and "a minimum of 8 years of manufacturing 
financial experience." The Petitioner also submitted an advertisement for the position of deputy 
chief financial officer and controller, which requires a degree and ten years of progressive 
experience in public sector financial management and accounting. As previously noted, the 
Petitioner designated its proffered position as a wage level I (entry level) position on the LCA. The 
advertised positions therefore appear to involve more senior positions than the proffered position. 
The Petitioner has not sufficiently established that the primary duties and responsibilities of the 
advertised positions are parallel to those of the proffered position. 10 
As the documentation does not establish that the Petitioner has met this prong of the regulations. 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. That is, not every deficit of every job posting has been addressed. 
In addition, the Petitioner submitted several articles regarding when a company should hire a chief 
financial officer. However, the articles do not indicate whether a bachelor's degree in a specific 
specialty, or its equivalent, is required for entry into the occupation. While one of the articles states 
9 For the Petitioner to establish that an organization in its industry is also similar under this criterion of the regulations. it 
must demonstrate that the Petitioner and the organization share the same general characteristics. When determining 
whether the Petitioner and the organization share the same general characteristics, such factors may include information 
regarding the nature or type of organization, and, when pertinent the particular scope of operations, as well as the level 
of revenue and staffing (to list just a few elements that may be considered). Without such information. evidence 
submitted by the Petitioner is generally outside the scope of consideration for this criterion, which encompasses only 
organizations that are similar to the Petitioner. 
10 Even if all of the job postings indicated that a bachelor's degree in a specific specialty, or its equivalent, is common to 
the industry in parallel positions among similar organizations (which they do not), the Petitioner does not demonstrate 
what inferences, if any, can be drawn from these advertisements with regard to determining the common educational 
requirements for entry into parallel positions in similar organizations. See generally Earl Babbie, The Practice <!{Social 
Research 186-228 (1995). The Petitioner also did not provide independent evidence of how representative the job 
postings are of the particular advertising employers' recruiting and employment history for the type of job 
advertised. As the advertisements are only solicitations for hire, they are not evidence of the actual hiring practices of 
these employers. 
As such, even if the job announcements supported the finding that the position required a bachelor's or higher degree in 
a specific specialty, or its equivalent (for organizations in the same industry that are similar to the Petitioner). it cannot 
be found that such a limited number of postings that appear to have been consciously selected outweigh the findings of 
the Handhook published by the Bureau of Labor Statistics that such a position docs not normally require at least a 
baccalaureate degree in a specific specialty, or its equivalent, for entry into the occupation in the United States. 
10 
(b)(6)
Matter of P-P-, Inc. 
that it is "wise to choose a credentialed accountant," the Petitioner has not stated such a requirement, 
thus indicating that the position contemplated in that article is not similar to the proffered position. 
On appeal, the Petitioner provides a letter from of the 
stating that ''mid to large size plumbing contractors are 
requiring the [chief financial officer] position to have a Bachelor's degree in Business Management 
or a similar specialty degree.'' However, does not clarify the term "mid to large size 
plumbing contractors'' and whether the Petitioner fits into this description. Moreover, while 
refers to '·a survey of [the association's] statewide membership and information gathered 
from the she did not provide 
copies of the survey, information, or other objective evidence to corroborate her statements. 
also does not provide sufficient information regarding the association, such as the size of the 
association and requirements for membership. Thus. this prong of the regulations has not been 
sufficiently established by the letter from 
For the reasons discussed, the Petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which 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. 
In support of its assertion that the proffered pos1t10n qualifies as a specialty occupation, the 
Petitioner submitted descriptions of the proffered position, along with information regarding its 
business operations such as its income tax returns for 2013 and 2014, and a business plan. The 
Petitioner designated the proffered position as an entry-level position within the occupational 
category by selecting a Level I wage.11 This designation, when read in combination with the 
Petitioner's job descriptions and the Handbook's account of the requirements for this occupation, 
further suggests that the particular position is not so complex or unique that the duties can only be 
perfonned an individual with bachelor's degree or higher in a specific specialty, or its equivalent. 
11 
The "Prevailing Wage Determination Policy Guidance" issued by DOL provides a description of the wage levels. A 
Level I wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to have a basic 
understanding of the occupation. This wage rate indicates: (I) that the Beneficiary will be expected to perform routine 
tasks that require limited, if any, exercise of judgment; (2) that he will be closely supervised and his work closely 
monitored and reviewed for accuracy; and (3) that he will receive specific instructions on required tasks and expected 
results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Poliq Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf 
/NPWHC _Guidance_ Revised _11 __ 2009 .pdf 
I I 
Matter of P-P-. Inc. 
In response to the RFE, the Petitioner submitted printouts of several undergraduate business 
administration programs. The Petitioner highlighted several courses, including accounting 
fundamentals, business finance. macroeconomics for business. etc. However, the Petitioner does 
not specifically identify and explain why these courses would be required to perform the duties of 
the proffered position. The Petitioner did not submit information relevant to a detailed course of 
study leading to a specialty degree and did not establish how such a curriculum is necessary to 
perform the duties it may believe are so complex and unique. 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 claims that the Beneficiary is well qualified for the position, and references his 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner has not satisfied the second 
alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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. 
Evidence provided in support of this criterion may include, but is not limited to, documentation 
regarding the Petitioner's past recruiting and hiring practices, as well as information regarding 
employees who previously held the position. 12 
The Petitioner stated in the Form 1-129 that it was established in 1977 (approximately 38 years prior 
to the filing of the H-1 B petition) and that it has 24 employees. Upon review of the record. we find 
that the Petitioner did not submit information regarding employees who currently or previously held 
the position. The record does not establish that the Petitioner normally requires at least a bachelor's 
degree in a specific specialty, or its equivalent, directly related to the duties of the position. 
Thus, the Petitioner has not satisfied the third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 
12 To merit approval of the petition under this criterion. the record must establish that a petitioner's imposition of a 
degree requirement is not a matter of preference for high-caliber candidates but is necessitated by performance 
requirements of the position. While a petitioner may assert that a proffered position requires a specific degree, that 
statement alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing the 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 Petitioner 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, 20 I F.3d at 388. 
12 
Matter of P-P-. Inc. 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to 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 in a specific specialty, or 
its equivalent. 
In support of this criterion, the Petitioner provided descriptions of the duties of the proffered position 
and information regarding its business operations. On appeaL the Petitioner supplements the record 
with additional evidence of its operations and its business plan. However. the evidence of record 
does not sufficiently establish that the duties of the proffered position are more specialized and 
complex than those not usually associated with at least a bachelor's degree in a specific specialty, or 
its equivalent. 
For instance, the Petitioner refers to the increases in its gross revenue, staffing. automated 
accounting systems, financial controls, and business plans as evidence of its "'complex" operations. 
Nevertheless, the Petitioner has not adequately explained how its particular operations distinguish 
and elevate the proffered position from other financial manager positions, particularly as the 
proffered position has been designated at a Level I wage rate. We hereby incorporate our earlier 
discussion and analysis regarding the duties of the proffered position, and the designation of the 
proffered position in the LCA as a Level I position (of the lowest of four assignable wage-levels) 
relative to others within the occupational category. 13 Without further evidence, the Petitioner has not 
demonstrated that its proffered position is one with specialized and complex duties as such a position 
within this occupational category would likely be classified at a higher-level, requiring a 
substantially higher prevailing wage.14 
Although the Petitioner asserts that the nature of the specific duties is specialized and complex. the 
record lacks sufficient evidence to support this claim. Thus, the Petitioner has submitted inadequate 
probative evidence to satisfy the criterion ofthe regulations at 8 C.F.R. § 214.2(h)(4)(iii)(A)(-I). 
13 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex. specialized, or unique compared to other positions within the same occupation. Nevertheless. a 
Level I wage-designation docs not preclude a proffered position from classification as a specialty occupation. just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g .. doctors or 
lawyers). a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty. or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position· s wage level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act. 
14 A Level IV (fully competent) position is designated by DOL for employees who "use advanced skills and diversified 
knowledge to solve unusual and complex problems" and requires a significantly higher wage. For additional infonnation 
regarding wage levels as defined by DOL, sec U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage 
Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _II_ 2009.pdf. 
13 
Matter of P-P-, Inc. 
IV. CONCLUSION AND ORDER 
Accordingly, the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) and, 
therefore, has not demonstrated that the proffered position qualifies as a specialty occupation. The 
burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of the 
Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-P-, Inc., ID# 17162 (AAO June 10, 2016) 
14