dismissed H-1B Case: Financial Services

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 056 50298 Office: CALIFORNIA SERVICE CENTER Date: a 0 3 ib!, 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)( 1 S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
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Page 2 
DISCUSSION: The director 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 supplier of goods and services to federal agencies that seeks to employ the beneficiary 
as a financial services bidding analyst. The petitioner, therefore, endeavors to classify the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to section 10l(a)(l5)(H)(i)(b) of the Immigration 
and Nationality Act (the Act), 8 U.S.C. 5 1 10 l(a)(l S)(H)(i)(b). 
The director denied the petition on the basis that the petitioner had failed to establish that the proposed 
position qualifies for classification as a specialty occupation, and that the beneficiary does not qualify to 
perform the duties of a specialty occupation. 
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 bachellor'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 hrther defined at 8 C.F.R. $ 214.2(h)(4)(ii) as: 
An occupation whch requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, 
archtecture, 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 hlgher 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. $ 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its particular 
position is so complex or unique that it can be performed only by an individual with 
a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties is so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
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Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
fj 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 determining whether a proposed position qualifies as a specialty occupation, CIS does not rely simply 
upon the position's title. The specific duties of the proposed position, combined with the nature of the 
petitioning entity's business operations, are factors to be considered. CIS must examine the ultimate 
employment of the beneficiary and make a determination as to whether the proposed position in fact 
qualifies for classification as a specialty occupation. CJ: Defensov v. Meissner, 201 F. 3d 384 (5th Cir. 
2000). The critical element is not the title of the position nor an employer's self-imposed standards, but 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge, and the attainment of a baccalaureate or higher degree in the specific specialty as 
the minimum for entry into the occupation, as required by the Act. 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's denial letter; (3) the director's request for evidence (WE); (4) the petitioner's WE response and 
supporting documentation; and (5) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
In the letter of support submitted with the 1-129 filing, the petitioner described the duties of the proposed 
position and offered a breakdown of the percentages of time to be spent performing each duty. According to 
the petitioner, the beneficiary would spend fifteen percent of her time performing the following tasks: 
Determine the orders or requirements for professional financial services from the [wleekly 
publications of CB Disk[,] which publish all the order from the [flederal [algencies during 
the week [sic]. 
Participate in the formulation, development[,] and recommendation to management of a 
system or program by which procurement requests, including requests for quotes, bids[,] and 
proposals are coordinated and reviewed. This duty also includes receiving and evaluating 
applications, quotations[,] and bids for required services from the job market. 
The beneficiary would spend ten percent of her time performing the following tasks: 
Research, [alnalyze, study[,] and be familiar with the required services needed to be 
procured by the [pletitioner through reading books, the Thomas Register, journals[,] 
brochures, publications[,] and attendance in trade fairs and seminars sponsored by job 
placement agencies. The analysis and research should pay attention to cost, quality, 
quantity[,] and the reputation of the job providers as well as to the qualifications of the 
applicants. 
The beneficiary would spend twenty percent of her time performing the following tasks: 
Conduct test and evaluation of applicants as required by the various [qederal agencies of the 
government. Evaluates and report results of tests and evaluation of applicants in compliance 
to the specified job description [sic]. 
The beneficiary would spend fifteen percent of her time performing the following tasks: 
WAC 04 056 50298 
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Research, study, and assist in the development and recommendation of the implementation 
of a program or policy involving the selection of cost effective hiring and identify most 
efficient modes of recruitment. This duty includes maintenance of communication with job 
providers, placement agencies[,] and applicants during the course of procurement to ensure 
timely employment in compliance with the contract or agreement or solicitation letter from 
the [g] overnment. 
The beneficiary would spend ten percent of her time performing the following tasks: 
Ensure that the [pletitioner is hiring qualified employees andlor professionals at the most 
competitive levels available. Maintain competitive bid process to ensure most competitive 
cost. 
The beneficiary would spend twenty percent of her time performitlg the following tasks: 
Participate in the drafiing [and] execution of contracts or agreements with respect to 
procurement of qualified manpower. Maintain and review these contracts and agreements to 
ensure that the terms and stipulations therein are complied with and followed by all 
involved. 
The beneficiary would spend five percent of her time performing the following tasks: 
Perform fmal quality assurance tests on qualified applicants selected by the [pletitioner by 
checkmg against the invoice to verify conformity of the services as to the qualification, 
reliability[,] and character. 
Finally, the beneficiary would spend five percent of her time performing the following tasks: 
Participate in the development of'the strategc plans in procurement, budget and forecast and 
anticipating price and quality changes in the services to be procured or provided. 
On appeal, counsel contends that the proposed position in fact qualifies as a specialty occupation, and that the 
director erred in denylng the petition. Counsel asserts that in denying the petition, the director caused the 
"actual business needs vis-a-vis the real-world market competition" of the petitioner to "rigidly and 
summarily be buried into deep oblivion." Counsel also contends that the director's denial constitutes an 
"unjust discrimination" against the petitioner's business needs. 
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 
Occzpational Ozltlook Handbook (the Handbook) for its information about the duties and educational 
requirements of particular occupations. 
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A review of the duties of the proposed position finds them closely aligned to the responsibilities of 
purchasing managers, buyers, and purchasing agents1. As discussed in the Handbook: 
Purchasing managers, buyers, and purchasing agents seek to obtain the highest quality 
merchandise at the lowest possible purchase cost for their employers. In general, 
purchasers buy goods and services for use by their company or organization, whereas 
buyers typically buy items for resale. Purchasers and buyers determine which 
commodities or services are best, choose the suppliers of the product or service, negotiate 
the lowest price, and award contracts that ensure that the correct amount of the product or 
service is received at the appropriate time. In order to accomplish these tasks 
successfully, purchasing managers, buyers, and purchasing agents study sales records and 
inventory levels of current stock, identify foreign and domestic suppliers, and keep 
abreast of changes affecting both the supply of, and demand for, needed products and 
materials. 
Purchasing managers, buyers, and purchasing agents evaluate suppliers on the basis of 
price, quality, service support, availability, reliability, and selection. To assist them in 
their search for the right suppliers, they review catalogs, industry and company 
publications, directories, and trade journals. Much of this information is now available on 
the Internet. They research the reputation and history of the suppliers and may advertise 
anticipated purchase actions in order to solicit bids. At meetings, trade shows, 
conferences, and suppliers' plants and distribution centers, they examine products and 
services, assess a supplier's production and distribution capabilities, and discuss other 
technical and business considerations that influence the purchasing decisioa. Once all of 
the necessary information on suppliers is gathered, orders are placed and contracts are 
awarded to those suppliers who meet the purchaser's needs. Contracts often are for 
several years and may stipulate the price or a narrow range of prices, allowing purchasers 
to reorder as necessary. Other specific job duties and responsibilities of purchasing 
managers, buyers, and purchasing agents vary by employer and by the type of 
commodities or services to be purchased. 
The Handbook reports the following educational requirement for individuals seeking employment in this 
field: 
Qualified persons may begin as trainees, purchasing clerks, expediters, junior buyers, or 
assistant buyers. Retail and wholesale firms prefer to hire applicants who have a college 
degree and who are familiar with the merchandise they sell and with wholesaling and 
retailing practices. Some retail firms promote qualified employees to assistant buyer 
positions; others recruit and train college graduates as assistant buyers. Most employers 
use a combination of methods. 
Educational requirements tend to vary with the size of the organization. Large stores and 
distributors, especially those in wholesale and retail trade, prefer applicants who have 
completed a bachelor's degree program with a business emphasis. Many manufacturing 
firms put yet a greater emphasis on formal training, preferring applicants with a 
l The AAO notes that both counsel and the petitioner also drew a parallel between the proposed position and those 
of purchasing managers, buyers, and purchasing agents, as discussed in the Handbook. 
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bachelor's or master's degree in engineering, business, economics, or one of the applied 
sciences. A master's degree is essential for advancement to many top-level purchasing 
manager j obs. 
These findings do not support counsel's contention that a bachelor's degree is required for entry into this 
occupation. The Handbook states that educational requirements vary, and that most employers use a 
combination of internal promotion and hiring individuals with bachelor's degrees in order to fill these 
positions. Moreover, the fact that many employers "prefer" a degree is not synonymous with the 
"normally required" standard imposed by the regulation. Consequently, the proposed position does not 
qualify for classification as a specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(A)(I). 
Nor does the proposed position qualify as a specialty occupation under either prong of 8 C.F.R. 
8 214.2(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. 
The AAO has reviewed the four job postings submitted by counsel in response to the director's RFE. 
Counsel, however, has failed to consider the specific requirements at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) for 
establishmg a baccalaureate or higher degree as an industry norm. To meet the burden of proof imposed by 
the regulatory language, a petitioner must establish that its degree requirement exists in parallel positions 
among similar organizations. 
No evidence has been submitted to establish that any of these four postings are from organizations similar in 
size or scope of operations to the petitioner. Limited Brands is engaged in retail stores, UnitedHealth 
Group is a healthcare company, and Merck is a pharmaceutical firm. The fourth posting is from Bevan 
Resources, which appears to be an employment locator service, as the four positions listed in its posting 
seemed to be at different companies (no information regarding the companies was provided). 
The AAO is also unable to verify whether these positions are in fact parallel to the proffered position in 
terms of the basic qualification requirements of the positions. For example, the job posting from Limited 
Brands does not state that a bachelor's degree is required. Rather, it states that it is "prefen-ed." The 
petitioner requires a degree, although not in a specialty. The postings are too few in number to be 
indicative of an industry-wide standard, and they do not indicate a common requirement for a degree in a 
specific specialty. As noted previously, CIS interprets the term "degree" to mean not just any in any 
field, but one in a specific specialty that is directly related to the proposed position. The AAO is 
presented with no basis to conclude that the positions advertised in these job postings and the one 
proposed in this petition are parallel, as required by the regulation. 
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 second prong of 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2) requires the petitioner to prove that the duties of the 
proposed position are so complex or unique that only an individual with a degree can perform them. The 
nature of the duties of the proposed position as set forth in the petition does not support such a finding, as 
they are similar to those set forth in the Handbook, which does not state that a degree is required. The record 
contains no evidence that would support a finding that the position proposed here is more complex or unique 
than such positions at organizations similar to the petitioner. 
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Therefore, the petitioner cannot establish that the proposed position qualifies as a specialty occupation under 
either prong of 8 C.F.R. $ 214.2(h)(4)(iii)(A)(2). 
The AAO next turns to the criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3), which requires that the petitioner 
demonstrate that it normally requires a degree or its equivalent for the position. To determine a 
petitioner's ability to meet the third criterion, the AAO normally reviews the petitioner's past 
employment practices, as well as the histories, including the names and dates of employment, of those 
employees with degrees who previously held the position, and copies of those employees' diplomas. 
In its RFE response, the petitioner presented a list of names of individuals who it states are employed "in 
the same or related position." The petitioner also submitted a list of 64 individuals identified as 
employees.' However, no evidence to document this claim, such as etnployment records or diplomas, 
was presented. Simply going on record without supporting documentary evidence is not sufficient for 
purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 
(Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
The proposed position also fails to qualify under this criterion for another reason. The AAO notes that in 
the list of individuals the petitioner states is employed in the same, or in a similar, position, none of the 
listed individuals possesses a bachelor's degree in accounting (the degree possessed by the beneficiary). 
Three hold bachelor's degrees in business administration, two hold degrees in civil engineering, and one 
person holds a degree in each of the following areas: computer engineering, electronics and 
communications engineering, commerce, information and computer science, pharmacy, and mechanical 
engineering. Again, as noted previously, CIS interprets the term "degree" to mean not just any in any 
field, but one in a specific specialty that is directly related to the proposed position. 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 proposed position does not qualify as a specialty occupation. 
Mutter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm. 1988). 
Therefore, the proposed position does not qualify for classification as a specialty occupation under the 
third criterion of 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
Finally, the AAO turns to the criterion at 8 C.F.R. 3 214.2(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 that they are depicted in the record, the duties of the proposed position do not appear so 
specialized and complex as to require the highly specialized knowledge associated with a baccalaureate or 
higher degree, or its equivalent, in a splecific specialty. Again, there is no information in the record to 
support a finding that the proposed position is more complex or unique than similar positions in other, 
similar organizations. As the Handbook reveals, such organizations do not normally impose a bachelor's 
degree requirement. Therefore, the evidence does not establish that the proposed position is a specialty 
occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A)(4). 
The proposed position does not qualify for classification as a specialty occupation under any of the four 
criteria set forth at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(l), (2), (3), and (4, and the petition was properly 
denied. The position in this petition is not a specialty occupation, so the beneficiary's qualifications to 
2 The AAO notes that on the Form 1-129, the petitioner stated that it had 35 employees. 
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perform the duties of a specialty occupation are inconsequential. 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. 
5 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.