dismissed H-1B Case: Home Healthcare

ldentilying dab deleted to 
prevent cllearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 04 156 50372 Office: NEBRASKA SERVICE CENTER Date: &M 1 1 20% 
IN RE: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
:: 
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 
LJN 04 156 50372 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is engaged in the business of providing home healthcare services and indicated in the initial 
petition that it had 21 employees. It seeks to employ the beneficiary as a full-time financial analyst. The 
petitioner, therefore, endeavors to classify the beneficiary as a nonirnmigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 101 5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a brief. 
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. 
Pursuant to 8 C.F.R. $ 214.2(hX4)(iiiXA), to qualifL 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. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
$ 214.20(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
LIN 04 156 50372 
Page 3 
The petitioner is seeking the beneficiary's services as a full-time financial analyst. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the company 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail compiling and analyzing financial information to prepare 
entries into accounts, such as general ledger accounts, documenting business transactions; analyzing financial 
information detailing assets, liabilities and capital, and preparing balance sheets, profit and loss statement, and 
other reports to summarize current and projected company financial position using calculator and computer; 
maintaining and examining financial records; reviewing daily reports, periodicals, securities manual, and 
other publications; analyzing financial services and information affecting the work of the company; 
interpreting fiscal data; presenting data setting forth current and long term trends covering work of the 
company; analyzing research results and preparing reports for management; interpreting data concerning 
expenditures, price and future trend daily statistical reports; researching economic trends, and short and long 
term marketing decisions of the company; analyzing and researching marketing conditions in the local, 
regional and international areas; gathering data on competitors and analyzing prices and methods of 
marketing; providing information regarding design and pricing of services; examining and analyzing 
statistical data to forecast future marketing trends; and establishing research methodologies and design format 
for data gathering. The petitioner indicated that the proffered position requires a bachelor's degree in 
economics. 
In his decision, the director noted that the record was complete with respect to the initial evidence as detailed 
in the regulations and the petition and accompanying instructions, and made a decision on the evidence of 
record. The director found that the duties described by the petitioner are similar to those of a bookkeeper, 
accounting and auditing clerk as described by the Department of Labor's Occupational Outlook Handbook 
(the Handbook). The director noted that the Handbook revealed that the majority of financial clerk positions 
require at least a high school diploma, but some college is becoming increasingly important for occupations 
requiring knowledge of accounting. The director determined that the petitioner failed to establish that the 
proffered position requires a baccalaureate or higher degree or its equivalent. 
On appeal, the petitioner refers to an Interoffice Memorandum issued by Associate 
Director for Operations dated April 23, 2004, asserting that the instant petition is an extension and should be 
approved. Additionally, the petitioner notes that the director did not issue a request for evidence. The 
petitioner asserts that the proffered position is not that of a bookkeeping, accounting and auditing clerk. The 
petitioner contends that the duties of the position of financial analyst are so specialized and complex that 
knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or 
higher degree. The petitioner asserts that the previous findings regarding the position of financial analyst are 
binding and should be given deference. The petitioner argues that it should not be re-adjudicated since there 
is no material change in the underlying facts about the proffered position of financial analyst. 
The petitioner asserts on appeal that the director failed to request further evidence before denying the petition. 
8 C.F.R. 5 103.2(b)(8) requires the director to request additional evidence in instances "where there is no 
evidence of ineligibility, and initial evidence or eligibility information is missing." Id. The director is not 
required to issue a request for further information in every potentially deniable case. If the director 
determines that the initial evidence supports a decision of denial, the cited regulation does not require 
solicitation of further documentation. The director did not deny the petition based on insufficient evidence of 
eligibility. 
I LIN 04 156 50372 
Page 4 
Furthermore, even if the director had committed a procedural error by failing to solicit further evidence, it is 
not clear what remedy would be appropriate beyond the appeal process itself. The petitioner has in fact 
supplemented the record on appeal, and therefore it would serve no useful purpose to remand the case simply 
to afford the petitioner the opportunity to supplement the record with new evidence. 
The petitioner noted that CIS approved another petition that had been previously filed on behalf of the 
beneficiary. The director's decision does not indicate whether he reviewed the prior approval of the other 
nonirnmigrant petition. If the previous nonimmigrant petition was approved based on the same unsupported 
assertions that are contained in the current record, the approval would constitute material and gross error on 
the part of the director. The MO is not required to approve applications or petitions where eligibility has not 
been demonstrated, merely because of prior approvals that may have been erroneous. See, e.g. Matter of 
Church Scientology International, 19 I&N Dec. 593, 597 (Comm. 1988). It would be absurd to suggest that 
CIS or any agency must treat acknowledged errors as binding precedent. Sussex Engg. Ltd. v. Montgomely, 
825 F.2d 1084, 1090 (6th Cir. 1987), cert. denied, 485 U.S. 1008 (1988). 
Furthermore, the MO's authority over the service centers is comparable to the relationship between a court 
of appeals and a district court. Even if a service center director had approved the nonimmigrant petitions on 
behalf of the beneficiary, the MO would not be bound to follow the contradictory decision of a service 
center. Louisiana Philharmonic Orchestra v. INS, 2000 WL 282785 (E.D. La.), affd, 248 F.3d 1139 (5th Cir. 
2001), cert. denied, 122 S.Ct. 5 1 (2001). 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
FJ 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO first considers the criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. Factors often 
considered by CIS when determining these criteria include: whether the Handbook reports that the industry 
requires a degree; whether the industry's professional association has made a degree a minimum entry 
requirement; and whether letters or affidavits fiom fms or individuals in the industry attest that such firms 
"routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 165 
(D.Minn. 1999)(quoting Hird/Blaker Corp. v. Suva, 712 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. The AAO routinely consults the Handbook for its information about the 
duties and educational requirements of particular occupations. 
A review of the Handbook under the occupation of financial analysts and personal financial advisors reveals 
that financial analysts provide analysis and guidance to businesses and individuals to help them with their 
investment decisions. Both types of specialist gather financial information, analyze it, and make 
LIN 04 156 50372 
Page 5 
recommendations to their clients. However, their job duties differ because of the type of investment 
information they provide and the clients they work for. Financial analysts assess the economic performance 
of companies and industries for firms and institutions with money to invest. Financial analysts, also called 
securities analysts and investment analysts, work for banks, insurance companies, mutual and pension funds, 
securities firms, and other businesses, helping these companies or their clients make investment decisions. 
Very few of the duties described in the Handbook apply to the proffered position. According to the 
Handbook, financial analysts use spreadsheet and statistical software packages to analyze financial data, spot 
trends, and develop forecasts. On the basis of their results, they write reports and make presentations, usually 
malung recommendations to buy or sell a particular investment or security. Senior analysts may actually make 
the decision to buy or sell for the company or client if they are the ones responsible for managing the assets. 
Other analysts use the data to measure the financial risks associated with making a particular investment 
decision. 
The petitioner has not established that the beneficiary will use spreadsheet and statistical software packages to 
analyze financial data, spot trends, and develop forecasts. Nor will the beneficiary use the data to measure the 
financial risks associated with malung a particular investment decision. The petitioner has not provided 
evidence of its investments to be analyzed. This indicates that the beneficiary's duties do not rise to the same 
level as a financial analyst. 
As noted by the director, the duties of the proffered position are similar to those of financial clerks found 
under the heading of bookkeeping, accounting and auditing clerks in the Handbook. The Handbook reveals 
that many of the beneficiary's duties are performed by bookkeeping, accounting, auditing and financial 
clerks: 
Bookkeeping, accounting, and auditing clerks are an organization's financial record keepers. 
They update and maintain one or more accounting records, including those that tabulate 
expenditures, receipts, accounts payable and receivable, and profit and loss. . . . post debits and 
credits, produce financial statements, and prepare reports and summaries for supervisors and 
managers. . . . handle the payroll, make purchases, prepare invoices, and keep track of 
overdue accounts. 
More advanced accounting clerks may total, balance, and reconcile billing vouchers; ensure 
completeness and accuracy of data on account. . . . They may also review invoices and 
statements to ensure that all information is accurate and complete. . . . Auditing clerks verify 
records of transactions posted by other workers. 
Financial clerks . . . record all amounts coming into or leaving an organization . . . keep track 
of a store's inventory. . . . 
Auditing clerks verify records of transactions posted by other workers. They check figures, 
postings, and documents to ensure that they are correct, mathematically accurate, and properly 
coded. 
The petitioner stated that the beneficiary would be compiling and analyzing financial information to prepare 
entries into accounts, such as general ledger accounts, documenting business transactions; analyzing financial 
LIN 04 156 50372 
Page 6 
information detailing assets, liabilities and capital, and preparing balance sheets, profit and loss statement, and 
other reports to summarize current and projected company financial position using calculator and computer; 
maintaining and examining financial records. 
As shown in the Handbook, bookkeeping, accounting, and auditing clerks produce financial statements and 
prepare reports and summaries for supervisors and managers, which would be used by them to make sound 
business decisions. Further, the Handbook reports that employers require most financial clerks to have at 
least a high school diploma, and for bookkeepers and accounting clerks, they often require an associate's 
degree in business or accounting. I 
Based on the above discussion regarding the Handbook's information about financial analysts and 
bookkeeping, accounting, auditing and financial clerks, the evidence in the record is insufficient to establish 
the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I): that a baccalaureate or higher degree or its equivalent is the 
normal minimum requirement for entry into the particular position. 
The petitioner has not established the second criterion - that a specific degree requirement is common to the 
industry in parallel positions among similar organizations. 
No evidence in the record establishes the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) which requires the 
petitioner to establish that a specific degree requirement is common to the industry in parallel positions 
among similar organizations. Nor can the petitioner establish that the particular position is so complex or 
unique that it can be performed only by an individual with a degree. As already discussed above, the 
Handbook reveals that many of the beneficiary's duties are performed by bookkeeping, accounting, and 
auditing clerks, occupations that do not require a bachelor's degree. 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. 
The regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4) requires that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is usually 
associated with the attainment of a baccalaureate or higher degree. The petitioner asserts that these specific 
duties are so specialized and complex that knowledge required to perform the duties is usually associated with 
the attainment of a baccalaureate degree. Upon review of the record, the petitioner has not documented the 
duties of the proffered position in relation to the nature of its business. Many of the beneficiary's duties are 
' According to the website for Skyline College, a community college located in San Mateo, California, 
(www.skvlinecollene.net), an associate's degree in business or accounting would involve learning the 
fundamentals about financial accounting principles and concepts, balance sheets, income statements, cash 
flow statements, the GAAP, forecasting, budgeting, cost accounting, break even analysis, developing and 
operating a computerized accounting system using tools such as QuickBooks, QuickBooks Pro, or Peachtree, 
an integrated commercial accounting software package that is used to review, differentiate, and interpret 
accounting concepts and data in a multitude of business situations. Thus, an associate's degree would provide 
knowledge about the GAAP and accounting techniques which serve the needs of management and facilitate 
decision-malung. 
LIN 04 156 50372 
Page 7 
performed by bookkeeping, accounting, auditing and financial clerks, occupations that do not require a 
bachelor's degree. The petitioner therefore fails to establish 8 C.F.R. $ 214.2(h)(4)(iii)(A)(4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. Fj 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.