dismissed H-1B Case: Financial Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 9450056 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 21, 2020 
The Petitioner, a financial services firm, seeks to temporarily employ the Beneficiary under the H-lB 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-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 know ledge; 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that the 
Director erred in denying the petition, and contends that the petition should be approved. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec . 369, 375 (AAO 2010) . We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 101(a)(15)(H)(i)(b) of the Act defines an H-lB nonimmigrant as a foreign national "who is 
coming temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) ... " (emphasis added). Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the 
term "specia lty occupation" as an occupation that requires "theoretical and practical application of a 
body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum for entry into the occupation in the United States." The 
regulation at 8 C.F.R. § 214 .2(h)(4)(ii) largely restates section 214(i)(l) of the Act, but adds a non­
exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
proffered position must meet one of four criteria to qualify as a specialty occupation position . 1 Lastly, 
1 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions ofa specialty occupation under 
section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). We construe the te1m "degree" to mean not just any 
8 C.F.R. § 214.2(h)(4)(i)(A)(l) states that an H-lB classification may be granted to a foreign national 
who "will pe1:form services in a specialty occupation ... " ( emphasis added). 
Accordingly, to determine whether the Beneficiary will be employed in a specialty occupation, we 
look to the record to ascertain the services the Beneficiary will perform and whether such services 
require the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a bachelor's degree or higher in a specific specialty or its equivalent. Without 
sufficient evidence regarding the duties the Beneficiary will perform, we are unable to determine whether 
the Beneficiary will be employed in an occupation that meets the statutory and regulatory definitions of 
a specialty occupation and a position that also satisfies at least one of the criteria at 8 C.F.R. 
§ 2 l 4.2(h)( 4 )(iii)(A). The services the Beneficiary will perform in the position determine: ( 1) the nmmal 
minimum educational requirement for entry into the particular position, which is the focus of criterion 
1; (2) industry positions which are parallel to the proffered position and thus appropriate for review 
for a common degree requirement, under the first alternate prong of criterion 2; (3) the level of 
complexity or uniqueness of the proffered position, which is the focus of the second alternate prong 
of criterion 2; ( 4) the factual justification for a petitioner nmmally requiring a degree or its equivalent, 
when that is an issue under criterion 3; and (5) the degree of specialization and complexity of the 
specific duties, which is the focus of criterion 4. 8 C.F.R. § 214.2(h)(4)(iii)(A). 
By regulation, the Director is charged with dete1mining whether the petition involves a specialty 
occupation as defined in section 214(i)(l) of the Act. 8 C.F.R. § 214.2(h)(4)(i)(B)(2). The Director 
may request additional evidence in the course of making this determination. 8 C.F.R. § 103.2(b)(8). 
In addition, a petitioner must establish eligibility at the time of filing the petition and must continue to 
be eligible through adjudication. 8 C.F.R. § 103.2(b)(l). 
II. PROFERRED POSITION 
The Petitioner indicates that the Beneficiary will be employed as an "financial solutions analyst," 
providing services to the Petitioner's clients as "the field expert in gathering information[], translating 
them into client needs, and then mapping the client journey needed to deliver a customized 
[investment] solution." 2 The Petitioner provides various descriptions of the duties of the proffered 
position. For the sake of brevity, we will not quote all of the descriptions; however, we have closely 
reviewed and considered the duties. For instance, in response to the Director's request for evidence 
(RFE), the Petitioner presented job duties, and provided the relative percentage amount of time that 
the Beneficiary would devote to each duty, as follows: 
1. Provide financial analysis to foreign currency exchange industry. (15%) 
• This task includes gathering of daily data available through media outlets as well 
[as] information available on international industry outlets specifically in Asia 
baccalaureate or higher degree. but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Clzertojf, 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 paiiicular position"). 
2 The Petitioner most recently employed the Beneficiary through post-completion optional practical training. 8 C.F.R. § 
274a.12(c)(3)(i)(B); 8 C.F.R 214.2(t)(IO)(ii)(A)(3). 
2 
(China) and Southeast Asia. The Financial Solutions Analyst is required to review 
collected industry data, track patterns, compare historical economic trends, and 
provide a full financial analysis to forecast the movement of the foreign currency 
exchange market. 
2. Analyze financial information to forecast business, industiy, and economic conditions. 
(15%) 
• This task includes gathering and reviewing the daily real time market news analysis 
(available through financial news outlets such as Bloomberg and CNBC), 
monitoring live market streams, and organizing an overview of current market 
movements and economic trends. This position requires not only a high-level 
understanding of the financial market, but an extensive knowledge of current local 
economic conditions within the Asia (China) and Southeast Asia regions to 
accurately understand and forecast how they move the global market and affect 
economic trends .... The Financial Solutions Analyst utilizes metrics to evaluate 
current performance, near/far benchmarks, build/provide a financial review 
forecast to Senior Management. 
3. Discover financial asset offerings in target global regions. (3%) 
• The position evaluates financial product offerings permitted in global regions of 
interest for the [Petitioner]. The Financial Solutions Analyst is required to provide 
a full analysis of the current market and the financial product offerings that are 
pe1mitted through the local jurisdiction within the Asia (China) and Southeast Asia 
regions. Recommendations of market opportunities are generated using the initial 
information collected and organized. [He] is further required to continue the 
monitoring of other regions of interest for any potential changes to the current status 
of the global region or any new opportunities that should be made known internally. 
4. Document daily, monthly, and quarterly financial analysis reports of institutional 
performance within the hub. (15%) 
• This task includes providing daily, monthly, and quarterly financial analysis reports 
of business generated per Asia region; specifically, China. Existing performance 
analysis is conducted as well as new business that have been generated on a given 
month through the channel. [These reports] outline not only the performance, but 
also the financial revenues generated as well as costs associated through each 
institutional channel. [T]he Financial Solutions Analyst is further required to 
provide a report that outlines historical comparisons on overall performance and to 
provide recommendations to further improve opportunities on existing and 
upcoming channels of business. 
3 
5. Serve as a point of contact for support of Asia-specific clientele. (8%) 
• This entails phone and email external queries as well as leading internal discussions 
between the various departments within the firm; including but not limited to 
Operations, Liquidity, IT, Sales, and Finance. 
6. Organize, review, and maintain all existing documentation to meet international 
compliance requirements per global region. (2%) 
• This task requires all internal and external documentations be kept up to date and 
in compliance with all requirements provided by the regulatory body of the various 
global regions; specifically, Asia (China) and Southeast Asia. It is the 
responsibility of the Financial Solutions Analyst to work closely with the legal team 
to communicate and understand all existing requirements as well [as] any upcoming 
requirement changes and apply them to all existing documents for review. [He] is 
required to be kept up to date with all current requirements and to continually 
monitor for any potentially relevant changes made available in the industry. The 
gathered information is then organized and presented to the legal team. Upon 
confirmation of necessary changes, it is the duty of the Financial Solutions Analyst 
to update all documentation as instructed by the legal and operation team. 
7. Assist with onboarding of institutional partnerships in foreign currency exchange 
industry. (5%) 
• The position will discover, gather, and analyze the specific catered requirements of 
each new institutional partnership. These requirements are mapped and presented 
to the Operations team to facilitate a smooth connection within the B2B hub. Once 
connection is complete to provide the desired designed outcome. Post launch, [he] 
will perform weekly analysis report of the live connection performance to ensure 
that desired performance is on-going without any preventable issue. 
8. Prepare plans of action using financial analysis. (10%) 
• This task includes gathering of daily data through media outlets as well as 
information available on international industry outlets specifically in Asia (China) 
and Southeast Asia. 
9. Utilize multiple technology solutions to assist integration of environments as required. 
(2%) 
• [The Petitioner] works with multiple third-party technology platform that are 
required for customized solutions and setups. The position is required to work 
directly with the Operations team to coordinate the discovery stage of requirements 
for each established connection and to work with the available platforms and 
solutions to ensure that the designed environment efficiently works as desired. It 
is the responsibility of the Financial Solutions Analyst to organize and provide an 
4 
analysis of the requirements needed per integration. Using the available technology 
solutions, [he] will provide insight as to which solution or combination of solutions 
allow for best execution while maintaining the known guidelines that each 
integration must abide to. Post integration, monthly performance/financial reports 
are conducted with a full breakdown analysis of costs versus revenues generated 
for each of the live integrations as well as suggested updates for higher efficiency. 
10. Use client-facing customer relationship management (CRM) software, front and back 
platforms. (15%) 
• Front end terminal platform (Terminal) and Back end customer relationship 
management platform (CRM) are utilized to query and analyze reconciliation 
financial reports. Executed order data is extracted from both the terminal and the 
CRM and then constructed together with data captured on the relevant HUBS. 
These reports are integrated to the financial analyst reports produced to accurately 
portray the net performance from a daily, monthly, and quarterly perspective. 
11. Present oral or written reports on general economic trends, and entire industries. (15%) 
• It is the responsibility of the Financial Solutions Analyst to be up to date with 
current economic trends of the Asia (China) and Southeast Asia region. With the 
information collected, financial analyst reports are prepared and presented to Senior 
Management for review .... Supported forecasts are provided in addition to the 
prepared financial analysis reports to further assist Senior Management on future 
projects. This task requires the Financial Solutions Analyst to have extensive 
knowledge of the financial market and economic trends in the Asia (China) and 
Southeast Asia region and the ability to forecast future movement through 
performance analysis, market observation, trend/pattern recognition stemming 
from industry news, and financial reporting through collected data. 
III. ANALYSIS 
For the reasons set out below, we dete1mine that the proffered position does not qualify as a specialty 
occupation. Specifically, the record provides inconsistent and insufficient infmmation regarding the 
proffered position, which in tum precludes us from understanding the position's substantive nature 
and determining whether the proffered position qualifies as a specialty occupation. 3 As a result, the 
record does not demonstrate that any work that may be available with the Petitioner will be H- IB caliber 
work. 
3 The Petitioner submitted documentation to support the H-1B petition, including evidence regarding the proffered position 
and its business operations. While we may not discuss every document submitted, we have reviewed and considered each 
one. 
5 
The Petitioner was established in 2017 and employs four individuals, including the Beneficiary. The 
Petitioner asserts that it is a "subsidiary o:t1 I." It initially provided a 
verbatim quote regarding its business operations taken from its claimed foreign parent organization's 
website, 4 as follows: 
.__ _ _.I is a registered brokerage providing retail and institutional Foreign Exchange 
services to investors trading Forex, CFDs, and other tradable instruments as part of 
their investment portfolio. In parallel to providing these services, we work diligently to 
put the client first by delivering a consistent quality of service and product offering, 
applying innovative technologies, providing the necessary trading environment in order 
for our investors to capture new opportunities for growth. 
Our team of dedicated professionals work relentlessly to provide a trading environment 
where our clients have continuous access to competitive pricing, fast order execution, 
reliable trading infrastructure and tools (eguiTd to be successful in the most liquid 
market. The Senior Management team at all have vast experience in the industry 
and a keen understanding for the needs of the retail forex trader. 
We understand that our success is parallel to the success of our traders. We aim to 
provide the best trading environment and experience to our clients, while continually 
enhancing our services to stay ahead of the competition. 
However, the evidence presented to the Director and on appeal does not substantiate the Petitioner's 
assertions that it is a subsidiary ofc=J The Petitioner indicates that in 2017 it earned $465,788 in 
gross revenues, and presented IRS Form 941, Employer's Quarterly Federal Tax Return, for the four 
calendar quarters of 2018 indicating that it employed two individuals at the start of the year, and four 
individuals by the end of the year. It submits a copy a November 2016 letter from the Internal Revenue 
Service (IRS) which informs the Petitioner's president's CEO that the IRS assigned an employer 
identification number to the Petitioner. The IRS letter was addressed to "[Petitioner],! I 
Sole MBR," which suggests that the CEO was the only individual holding membership in the LLC at 
that time. The record also contains a copy of the "LLC File Detail Report" printed out from the Office 
of the Illinois Secretary of State website, which also does not indicate who owns the Petitioner. 5 
The Petitioner also provides several pages from c=J, s website, which shows that this organization 
offers "24 hours/5.5 Day" access to international financial trading markets through its online 
brokerage platform services which offers, among other things "[a]lgorithmic trading," "trading 
analytics," and "[l]anguage support in at least 25 languages." The Petitioner further asserts: 
I I provides a vast variety of product offerings and services that are available to a 
pool of institutional partnerships reaching multiple countries globally. I I 
differentiates itself not only by providing multiple layers of product offerings, but also 
solutions that are catered around a high-level of understanding of the operations and 
regulatory requirements of each prospective partnership. 
4 See https://www.c=].com/company-profile-about-us/, (Last visited Sep. 18, 2020). 
5 https://www.ilsos.gov/corporatellc/CorporateLlcController, (Last visited Sep. 18, 2020). 
6 
In contrast, the Petitioner also submits a document , entitled "[Petitioner] Business Development 2018, 
in which observes that it must "internally decide on how to approach the Chinese market," noting: 
Due to the fact that we do not have current resources or infrastructure needed to 
establish and sustain a direct retail business, it is natural that we work with introducing 
brokers while utilizing their resources along with their extensive market knowledge to 
establish a foundation. 
Here, the record contains general publicly available information about~ from the internet which 
states thatc=J offers retail and industry clients investment opportunities, juxtaposed with evidence 
specific to the Petitioner which suggests it is a four-person start-up organization "without current 
resources or infrastructure needed to establish and sustain a direct retail business." Notably, the record 
does not contain documentary evidence to establish who in fact owns the Petitioning entity, nor has 
the Petitioner provided evidence from D detailing the role, if any, that the Petitioner plays within 
its business operations. The Petitioner must resolve these inconsistencies and ambiguities in the record 
with independent, objective evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 
591-92 (BIA 1988). 
The lack of probative evidence about the scope and nature of the Petitioner's business operations is 
important because the Petitioner largely relies on its own narrative about the proffered position to 
establish that the proffered position is a specialty occupation. Here, the Petitioner describes the duties 
of the position as if they would be performed within the business operations of a large investment 
brokerage firm, not a four-person start-up firm as documented in the record. 6 For instance, the 
Petitioner states that the Beneficiary will during the course of his duties interact with a wide range of 
departments, work teams, and management personal, including: 
• [Building and providing] financial review forecasts to Senior Management; 
• [ Addressing] phone and email external queries as well as leading internal 
discussions between the various departments within the firm; including but not 
limited to Operations, Liquidity, IT, Sales, and Finance; 
• [W]ork[ing] closely with the legal team to communicate and understand all existing 
requirements . .. The gathered information is then organized and presented to the 
legal team. Upon confirmation of necessary changes, updat[ing] all documentation 
as instructed by the legal and operation team; 
• Assist[ing] with onboarding of institutional partnerships in foreign currency 
exchange industry; 
• [W]ork[ing] directly with the Operations team to coordinate the discovery stage of 
requirements for each established connection and to work with the available 
platforms and solutions to ensure that the designed environment efficiently works 
as desired; and, 
• [P]repar[ ing] and present[ ing] [ financial reports] to Senior Management for review. 
6 It is reasonable to assume that the size of an employer's business has or could have an impact on the claimed duties of a 
particular position. See EG Enters., Inc. v. Dep 't of Homeland Sec., 467 F. Supp. 2d 728 (E.D. Mich. 2006) . Thus , the 
size of a petitioner may be considered as a component of the nature of the petitioner 's business , as the size impacts upon 
the actual duties of a particular position . 
7 
The Director specifically requested evidence in her RFE that would delineate the Petitioner's staffing 
hierarchy. The Director also requested an explanation of how the Beneficiary's specific job duties 
relate to the Petitioner's products and services in her RFE. But the Petitioner did not sufficiently 
address these aspects. 7 On appeal, the Petitioner asserts that as a member of Os] U.S. office, [ the 
Beneficiary's] top priorities and intentions are in-line with the firm by using his unique skillset and 
indepth knowledge [ and] understanding of the location operations and regulatory procedures need to 
facilitate the growth of the [i]nstitutional [b ]usiness development in [g]reater China, while analyzing 
existing partnerships and providing catered go-to-market strategies for institutional partnerships." 
Here, the Petitioner suggests that the business operations of D are synonymous with its own 
endeavors, but the evidence in the record does not substantiate its assertions. It is the Petitioner's 
burden to prove by a preponderance of evidence that it is qualified for the benefit sought. Matter of 
Chawathe, 25 I&N Dec. at 376. In evaluating the evidence, eligibility is to be determined not by the 
quantity of evidence alone but by its quality. Id. The Petitioner did not provide probative evidence 
of its organizational hierarchy, its own business operations, or other material sufficient to illustrate the 
scope and nature of the Beneficiary's role therein sufficient to establish the Beneficiary's claimed 
specialized, complex role as a financial solutions analyst. 
Notwithstanding the above evidentiary shortcomings, the Petitioner's attributes insufficient and 
inconsistent job duties to the position which fmiher undermine the Petitioner's claims that the 
position's duties are specialized and complex. In determining the nature of a proffered position, the 
critical element is not the title of the position, but the duties of the underlying position. As part of our 
analysis, we review the duties of the proffered position to assess the duties and determine whether the 
described duties correspond to the duties and tasks listed in the Department of Labor's (D0L) 
Occupational Infmmation Network (0*NET) summary repmi for the occupation designated in the labor 
condition application (LCA). 8 The Petitioner submitted an LCA for the "Financial Analysts" 
occupational category corresponding to the Standard Occupational Classification (SOC) code 13-2051 
with a Level I wage. According to the 0*NET summary report for "Financial Analysts," those 
employed within this occupation typically "[ c ]onduct quantitative analyses of information affecting 
investment programs of public or private institutions." 9 
First we observe that the Petitioner provides a list of eleven bulleted job duties which it quoted 
verbatim in part 10 from D0L's Occupational Information Network (0*NET) summary report for 
"Financial Analysts." When discussing H-lB employment, the Petitioner's job description must be 
comprehensive enough to properly asce1iain the minimum educational requirements necessary to 
perform those duties. We conclude that the Petitioner's reliance on the 0*NET summary report, 
7 "Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the 
[petition]." 8 C.F.R. § 103.2(b)(l4). 
8 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-IB worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar experience and qualifications who are performing the same services. Section 212(n)(l) 
of the Act; 20 C.F.R. § 655.73l(a). 20 C.F.R. § 655.705(6) requires that USCIS ensure that an LCA supports the H-lB 
petition filed on behalf of the Beneficiary. 
9 The O*NET Summary Report for "Financial Analysts," may be viewed athttps://www.onetonline.org/link/summary/13-
2051 (last visited Sep. 18, 2020). 
10 As presented by the Petitioner. the job functions numbered two, eight, and eleven above each combined, in whole or in 
part, the verbatim text of three O*NET summary job repmijob duties. 
8 
which provides general information about the occupation, as the basis to establish the substantive 
nature of the duties of the proffered position is misplaced. While the O*NET summary report's job 
duty listing identifies generic job tasks that are typically performed by individuals working within 
the "Financial Analysts" occupational category, they do not give context to the specific tasks that the 
Beneficiary will perform within the Petitioner's business operations. Here, the Petitioner does not 
provide consistent and sufficient evidence regarding the work these duties will entail, and how these 
tasks merit recognition of the proffered position as a specialty occupation. 11 
Second, the Petitioner provides other job duties for the proffered position which may comport, in part, 
with the tasks described in the "Financial Analysts" occupational category. However, the petition also 
contains considerable narrative that references job duties that do not appear to be consonant with the 
typical duties performed by a financial analyst. For instance, the Petitioner maintains that the 
Beneficiary will "carefully outline" the "needs of each institutional partnership" with a "go-to-market 
strategy to ensure highest potential of success in their local market or region." The Petitioner has not 
established that such tasks such as developing marketing plans and strategies, serving as the "point of 
contact for Asia-specific clientele," and "organiz[ing] and provid[ing] an analysis of the requirements 
needed per integration [through] [u]sing the available technology solutions" are typical tasks for 
"Financial Analysts" according to O*NET. Such diverse duties may be more in keeping with those 
employed in other occupational categories, such as "Marketing Managers" (SOC) code 11-2021,"12 
"Finance Manager, Branch or Department" (SOC) 11-3031.02," 13 or "Computer Systems Analysts" 
(SOC) 15-1121."14 
Collectively considering the diverse job duties attributed to the proffered position, we conclude that 
though the Petitioner submits material describing the duties of the proffered position, but it is 
insufficient to demonstrate that the position falls solely within the "Financial Analysts" occupational 
category. We therefore conclude that the Petitioner has provided inconsistent evidence regarding 
whether the proffered position properly falls within this occupational category but requires skills 
atypical for the occupation, or is a combination of occupations. 15 In either case, atypical job 
requirements or a combination of occupations would require at the very least a one level increase in 
11 Matter ofChawathe, 25 I&N Dec. at 376. 
12 Marketing Managers are tasked with duties such as "identify, develop, or evaluate marketing strategy, based on 
knowledge of establishment objectives, market characteristics, and cost and markup factors;" See 
https://www.onetonline.org/link/summary/ll-202 l.OO. (Last visited Sep. 18, 2020.) 
13 "Finance Managers" are tasked with duties such as "[ e]stablish and maintain relationships with individual or business 
customers or provide assistance with problems these customers may encounter," "[p]repare operational or risk reports for 
management analysis," and "[n]etwork within communities to find and attract new business;" See 
https://www.onetonline.org/link/summary/l l-3021.02. (Last visited Sep. 18, 2020.) 
14 "Computer Systems Analysts" are tasked with duties such as '·[a]nalyze user requirements, procedures, and problems to 
automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations," 
"confer with clients regarding the nature of the information processing or computation needs a computer program is to 
address," and "[d]etermine computer software or hardware needed to set up or alter system;" See 
https://www.onetonline.org/link/summary/l 5-l 12 l .OO. (Last visited Sep. 18, 2020.) 
15 Impmiantly, the Office of Foreign Labor Certification's Frequently Asked Questions and Answers provide guidance 
associated with skills that are atypical to an occupation stating: "Any required skills in addition to those listed in O*NET 
are considered atypical for the occupation and ... will raise the wage level by one level either because it contains a 
combination of occupations or because it contains job requirements not normal to the occupation." Office of Foreign Labor 
Certification Frequently Asked Questions and Answers, Foreign Labor Certification (Sep. 18, 2020), 
https :/ /www .foreignlaborce1i. dol eta. gov/ faq s answers. cfm 
9 
the wage level on the LCA, which raises questions regarding whether the LCA corresponds with the 
petition. 16 The Petitioner must also resolve these inconsistencies and ambiguities with independent, 
objective evidence pointing to where the truth lies. 17 
Moreover, we also conclude that the Petitioner provides inconsistent statements regarding the 
minimum requirements for the proffered position. At first, it states the position requires a bachelor's 
degree in finance, economics or a closely related field, and six months of relevant experience. Later, 
in response to the Director's request for evidence (RFE) it provides an analysis of the duties of the 
proffered position asserting that master's degree-level courses "provides the high level of education 
necessary to proficiently execute the duties mentioned above." 18 The Petitioner has not provided an 
explanation for its differing position requirement. 19 On appeal, the Petitioner asserts that it is "among 
the employer's that cannot afford to hire a candidate without at least a [b ]achelor' s degree in a finance­
related field," has not adequately addressed this aspect. 20 Here, the Petitioner's inconsistent 
requirements for the proffered position is sufficient to preclude the petition's approval, as the Petitioner 
has not demonstrated that the offered position satisfies the definition of a specialty occupation found at 
section 214( i)(l) of the Act. 
The Petitioner also provides an opinion letter from Professor G-. In his letter, the professor (1) 
describes the credentials that he asserts qualify him to opine upon the nature of the proffered position; 
(2) references the duties proposed for the Beneficiary; and (3) reiterates the Petitioner's initial 
statement that the position requires a bachelor's degree in finance, economics, or a related field. We 
carefully evaluated the professor's assertions in support of the instant petition but, for the following 
reasons, determine his letter is not persuasive. 
Importantly, the professor does not discuss the Petitioner's business operations in a manner sufficient 
to establish the scope and complexity of the Beneficiary's job duties within the Petitioner's operations. 
He indicates that his conclusions are based "on my thorough review of all documentation provided to 
me by [the Petitioner]," and states that he interviewed the Petitioner's "CEO and senior vice president 
and head of operations." He discusses the publicly available information aboutc=J in the record, 
and indicates that the Petitioner's '"offerings include mobile trading platforms, investment 
management, commodities, analytics, equities, tight competitive spreads and many other services," 
noting that the Petitioner is "headquartered id I Illinois." Importantly, he does not discuss the 
16 See 20 C.F.R. § 655.705(b). See also Matter of Simeio Solutions. LLC, 26 I&N Dec. 542, 545-546 (AAO 2015). The 
Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels) on the LCA. 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, Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. 
Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf/NPWHC_ Guidance_Revised_l 1_2009.pdf 
17 Matter c?fHo, Dec. at 591-92. 
18 USCIS may not approve a visa petition at a future date after a petitioner or a beneficiary becomes eligible under a new 
set of facts. Matter of Michelin Tire Corp., 17 T&N Dec. 248, 249 (Reg'! Comm'r 1978). 
19 Matter ~l Ho, Dec. at 591-92. 
20 Notably, the Director specifically requested evidence of the Petitioner's past recruiting and hi1ing practices for the 
proffered position and for similar positions to demonstrate the Petitioner's assertion that it requires job applicants to have 
a minimum of a bachelor's degree or higher degree in a specific specialty, or its equivalent. The requested evidence 
included an organization chart showing its organizational hierarchy and staffing levels, the Beneficiary's position within, 
the corresponding experience requirements for the positions, and copies of present and past job postings or announcements 
for such positions. See 8 C.F.R. § 103.2(b)(14). 
10 
ownership of the Petitioner, nor does he mention that the Petitioner claims to be subsidiary ofD 
Like the Petitioner, he analyzes the Petitioner's business operations as though they are synonymous 
witlLJ s, but does not discuss the basis for his conclusions. This lack of analysis and distinction 
between the Petitioner's business operations who was organized as an LLC in Illinois in 2017, and 
those of D who appears, based on the record, to be headquartered in Australia, casts doubt as to 
the professor's level of familiarity with the proffered position within the context of the Petitioner's 
business endeavors, which undermines his conclusions regarding the degree requirement of the position. 
While he directly quotes some of the duties provided in response to the Director's RFE, he also does 
not address the Petitioner's analysis therein which asserts that master's degree-level coursework is 
required for their performance, ( even though this analysis was contained within the same Petitioner 
letter). Id. 
Furthermore, the professor states that "the duties described above are not those of a lower level 
employee," indicating that the duties are "those of a professional employee with a strong background 
in management and finance concepts and a great level ofresponsibility within the company." It may 
be that the professor was given material by the Petitioner that delineates the Petitioner's organizational 
hierarchy and business operations, (which we have not been afforded the opportunity to review), but 
he did not reference or explain the basis for his conclusion that the duties of proffered position 
comprise "a great level ofresponsibility within the company." As previously discussed, the Petitioner 
has not supplemented the record with probative evidence of its organizational hierarchy, its own 
business operations, or other material sufficient to illustrate the scope and nature of the Beneficiary's 
role therein sufficient to establish the Beneficiary's claimed specialized, complex role as a financial 
solutions analyst. 
The professor's letter also does not indicate whether the professor was aware that, as indicated by the 
Level I wage on the LCA, the Petitioner expects the Beneficiary to have a basic understanding of the 
occupation. 21 The professor also opines that "it is clear that this position should be classified as a 
"Financial Analyst" occupation, but he does not address how the diverse duties included within the 
Petitioner's job descriptions are consonant with the typical duties performed by "Financial 
Analysts. "22 
For the reasons discussed, we find the professor's analyses to be unpersuasive. We may, in our 
discretion, use advisory opinion statements submitted as expert testimony. However, where an 
opinion is not in accord with other information or is in any way questionable, we are not required to 
accept or may give less weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 
(Comm'r 1988). As a reasonable exercise of our discretion we discount the advisory opinion letters 
as not probative to the matter at hand. For the sake of brevity, we will not address other deficiencies 
within the professor's analyses of the proffered position. 
21 Prevailing Wage Determination Policy Guidance, supra. 
22 We incorporate our previous discussion and determination that the Petitioner has provided inconsistent evidence 
regarding whether the proffered position properly falls within this occupational category but requires skills atypical for the 
occupation, or is a combination of occupations. 
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When considered collectively, we conclude that the inconsistencies, discrepancies, and lack of 
probative documentation in the record raise questions as to the substantive nature of the proffered 
position. 23 The Petitioner has not submitted consistent, corroborative evidence to adequately 
communicate (1) the nature of the actual work that the Beneficiary would perform, (2) the complexity, 
uniqueness, or specialization of the tasks, and (3) the correlation between that work and a need for a 
particular level education of highly specialized knowledge in a specific specialty. Accordingly, the 
Petitioner has not established that the proffered position is a specialty occupation. 24 
IV. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
23 Chawathe. 25 I&N Dec. at 376. 
24 As the lack of probative and consistent evidence in the record precludes a conclusion that the proffered position is a 
specialty occupation and is dispositive of the appeal, we will not further discuss the Petitioner's assertions on appeal. 
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