dismissed H-1B Case: Investment

U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U. S, Citizenship 
and Immigration h 
Services 2 
FILE: WAC 04 162 54649 Office: CALlFORNIA SERVICE CENTER Date: 'I lir honri 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)( 15)(H)(i)(b) 
ON BEHALF OF PETITIONER: Self-represented 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All materials have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiernann, Director 
Administrative Appeals Office 
WAC 04 162 54649 * 
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DISCUSSION: The service center director denied the nonirnrnigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be 
denied. 
The petitioner is an investment company. It seeks to employ the beneficiary as a multilingual translator 
and securities analyst assistant and to classify her as a nonimrnigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101 
(a>( 15)(H)(i)(b). 
The director denied the petition on the ground that the record failed to establish that the proffered position 
qualifies as a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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. 
As provided in 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation the position must meet 
one of the following criteria: 
(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. 
3 214.2(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 proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) 
the director's request for evidence (RFE); (3) the petitioner's response to the RFE; (4) the notice of 
decision; and (5) Form I-290B, an appeal brief, and supporting materials. The AAO reviewed the record 
in its entirety before issuing its decision. 
WAC 04 162 54649 . Page 3 
The petitioner describes itself as a recently established investment company that intends to expand into 
European markets. The petitioner states that it began operating in 2004, had one employee and gross 
annual income of $100,000 at the time of filing, and proposes to employ the beneficiary as a part-time 
multilingual translator and securities analyst assistant (15 hourslweek) to translate business-related 
documents from German, Polish, and French into English, and to research and analyze investment 
opportunities in European markets. In response to the RFE the petitioner described the duties of the 
position, and the percentage of time required by each duty, as follows: 
Translating material necessary for the fundamental analysis of companies considered for 
investing - 70 % 
Reading the German, Polish and French source data concerning the German, Polish and 
French securities market situation and the situation of the particular European companies 
considered for trading. Source data includes news, quotes, company reports and 
announcements, earnings estimates, key developments, articles, market reports by European 
analysts, etc. 
Accessing current information and news sources in the original languages - via internet and 
news channels - concerning the political and economic situation in the European countries of 
interest in order to define the factors impacting the overall market indices in the European 
countries of interest. 
Fast, accurate and reliable translation of all the materials mentioned above from German, 
Polish and French into English and summarizing [them] for current use on a daily basis and 
for the trading journal. 
Correspondence with European businesses in English, German, French, and Polish - 20% 
Contact with investor relations offices of European companies of interest. 
Operating the European trading accounts - 5 % 
Responsible for adding the determined securities to the watch list, entering limit, market, stop 
market and trailing stop, buy and sell orders, any correspondence, contacting over telephone, 
etc. in the source languages Polish, German, and French concerning any issues related to 
technical inconveniences with these accounts (concerning the customer service). 
Research and Analysis of investment opportunities in securities listed in European markets - 
5% 
Research of promising securities listed in the German, Polish, and French markets, assisting 
the securities analyst by applying technical analysis of charts in different time frames in order 
to select the best candidates for the following day. As time permits - discuss and participate 
in determining the best candidates based both on the technical analysis and fundamental 
approach. 
WAC 04 162 54649 
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According to the petitioner, the minimum educational requirement for the position is a master's degree in 
translationlapplied linguistics. The record indicates that the beneficiary, a native of Poland, received a 
diploma as a professional translator into German and French from Johannes Gutenberg University in 
Mainz, Germany, on October 1,2001. 
In his decision the director referred to information on translators in ONET ONLINE, a Department of 
Labor resource on occupations, indicating that a baccalaureate degree in a specific specialty is not the 
normal minimum requirement for entry into the occupation. There was no evidence in the record that a 
specialty degree is common to the investment industry in parallel positions among similar organizations, 
the director declared, and the petitioner had no history of requiring a degree or its equivalent for the 
position, which is newly created. The evidence of record did not show that the proffered position was so 
unique or complex that it could only be performed by an individual with a specialty degree, the director 
stated, or that the duties of the position are so specialized and complex that baccalaureate level knowledge 
in a specific specialty is required to perform them. The director concluded that the proffered position did 
not meet any of the criteria of a specialty occupation enumerated in 8 C.F.R. $ 214.2(h)(4)(iii)(A). 
On appeal the petitioner asserts that the proffered position qualifies as a specialty occupation under two 
alternative criteria: 8 C.F.R. $ 214.2 (h)(4)(iii)(A)(2) and (4). As evidence of a common educational 
standard for translators the petitioner has submitted a series of job postings for such positions, all but one 
of which require a baccalaureate degree. According to the petitioner, the U.S. government's practice in 
hiring translators is to require a baccalaureate degree. The petitioner provides a list of U.S. colleges and 
universities offering baccalaureate and master's degrees in translation and linguistics as further evidence 
that such a degree is commonly required for translators. While conceding that some translator positions 
may not require a baccalaureate degree, the petitioner contends that the technical nature of the subject 
matter to be translated by the beneficiary does require a baccalaureate level of education. The petitioner 
asserts that the proffered position is unique and specialized, requiring a specialty degree, because the 
three languages to be translated into English - German, French, and Polish - are all in different language 
families and the documentation to be translated contains complicated financial and economic information 
requiring more than a routine knowledge of those languages. Because of the specialized subject matter of 
the translations, the petitioner concludes, performing the translating and related duties of the proffered 
position requires baccalaureate level knowledge. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, 
CIS routinely consults the Department of Labor (D0L)'s Occupational Outlook Handbook (Handbook) 
as an authoritative source of information about the duties and educational requirements of particular 
occupations. Factors typically considered are whether the Handbook indicates a degree is required by the 
industry; whether the industry's professional association has made a degree a minimum entry 
requirement; and whether letters or affidavits from firms 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 
1151, 1165 (D.Minn. 1999) (quoting HirdIBlaker Corp. v. Suva, 712 F.Supp. 1095, 1102 (S.D.N.Y. 
1989)). CIS also analyzes the specific duties and complexity of the position at issue, with the 
Handbook's occupational descriptions as a reference, as well as the petitioner's past hiring practices for 
the position. See Shanti, Inc. v. Reno, id., at 1165-66. 
The occupational category of translator is described, in pertinent part, in the DOL Handbook, 2004-05 
edition, at 261-62: 
WAC 04 162 54649 
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Translators convert written materials from one language into another. They must have 
excellent writing and analytical ability. And because the documents they translate must 
be as flawless as possible, they also need good editing skills . . . . 
Translating involves more than replacing a word with its equivalent in another language; 
sentences and ideas must be manipulated to flow with the same coherence as those in the 
source document, so that the translation reads as though it originated in the target 
language. Translators also must bear in mind any cultural references that may need to be 
explained to the intended audience . . . . Some subjects may be more difficult than others 
The way in which translators do their jobs has changed with advancements in technology. 
Today, nearly all translation work is done on a computer, and most assignments are 
received and submitted electronically . . . . The Internet provides advanced research 
capabilities and valuable language resources, such as specialized dictionaries and 
glossaries . . . . 
The services of . . . translators are needed in a number of subject areas. While these 
workers may not completely specialize in a particular field or industry, many do focus on 
one area of expertise . . . including business . . . . 
The foregoing description in the Handbook closely accords with the duties of the proffered position, as 
described by the beneficiary. The AAO determines that the proffered position is that of a translator. 
With respect to the educational requirements of a translator, the Handbook states as follows: 
The educational backgrounds of. . . translators vary . . . . Although it is not necessary to 
have been raised bilingual to succeed, many . . . translators grew up speaking two 
languages . . . . 
Beyond high school, there are many educational options. Although a bachelor's degree is 
almost always required . . . translators note that it is acceptable to major in something 
other than a language. However, specialized training in how to do the work is generally 
required. A number of formal programs in interpreting and translation are available at 
colleges nationwide and through nonuniversity training programs, conferences, and 
courses . . . Many people who work as conference interpreters or in more technical areas 
- such as localization, engineering, or finance - have master's degrees . . . 
Id. at 263. As the foregoing information makes clear, a baccalaureate or higher degree in a specific 
specialty is not the normal minimum requirement for entry into a translating position. Though a 
baccalaureate degree is generally required, it need not be in a specific field. Moreover, the specialized 
training required to develop translating skills may be obtained in a variety of non-university, non-degree 
programs. Thus, a translator does not meet the first alternative criterion of a specialty occupation at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
WAC 04 162 54649 
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Though the petitioner asserts that the position also incorporates the duties of a securities analyst, the AAO 
does not agree. Securities analysts are included in the Handbook's occupational category of financial 
analysts and personal financial advisors. As described in the Handbook, id., at 80-8 1 : 
Financial analysts and personal financial advisors 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 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. 
Personal financial advisors generally assess the financial needs of individuals, providing 
them a wide range of options. 
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. 
Financial analysts read company financial statements and analyze commodity prices 
sales, costs, expenses, and tax rates in order to determine a company's value and project 
future earnings. They often meet with company officials to gain a better insight into a 
company's prospects and to determine the company's managerial effectiveness. Usually, 
financial analysts study an entire industry, assessing current trends in business practices, 
products, and industry competition. They must keep abreast of new regulations or 
policies that may affect the industry, as well as monitor the economy to determine its 
effect on earnings. 
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 making 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 foregoing job duties are not reflected in the proffered position. Seventy percent of the beneficiary's 
time, according to the petitioner, would be spent exclusively on translating foreign-language documents 
into English. As for the remaining thirty percent of the job, only five percent involves the "research and 
analysis of investment opportunities" and the duties described by the petitioner do not include the kind of 
in-depth financial analysis performed by securities and investment analysts. There is no indication that 
the beneficiary would be using spreadsheet and statistical software packages or writing reports with 
investment recommendations. Nor is there any evidence of who the petitioner's clients are, whether they 
are businesses, individuals, or other entities, and what types of investment opportunities are likely to be 
targeted. 
In determining the nature of a particular position, and whether it qualifies as a specialty occupation, the 
duties that will actually be performed are dispositive, not the title of the position. The petitioner must 
show that the performance demands of the position require a baccalaureate or higher degree in a specific 
1 
WAC 04 162 54649 
1 
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specialty. The critical issue is not the employer's self-imposed standard, 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 a minimum for entry into the 
occupation. CJ: Defensor v. Meissner, 201 F.3d 384, 387-88 (5th Cir. 2000). Based on the evidence of 
record, the AAO is not persuaded that the beneficiary would be performing any duties of a securities 
analyst in the proffered position. The duties of the position are clearly those of a translator, an occupation 
that does not normally require a baccalaureate or higher degree in a specific specialty. 
For the reasons discussed above, the AAO determines that the proffered position does not meet the first 
alternative criterion of a specialty occupation, at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l), because the record 
does not establish that a baccalaureate or higher degree in a specific specialty is the normal minimum 
requirement for entry into the position. 
With regard to the second alternative criterion of a specialty occupation, at 8 C.F.R. 5 214.2 
(h)(4)(iii)(A)(2), the petitioner asserts that the nineteen job postings it has submitted on appeal show that 
a baccalaureate degree is the common educational requirement for translators. Most of the 
advertisements from private industry, however, simply state that a bachelor's degree is required, without 
identifying a specific specialty. The postings from federal and local government entities do state that a 
bachelor's degree in languages, linguistics, translation, or a related specialty is required. These public 
sector entities are not in the same line of work as the petitioner, however, and bear no resemblance to the 
petitioner in their size and scale of operations. Thus, the internet job announcements are not persuasive 
evidence that a baccalaureate degree in a specific specialty is the common requirement for translators in 
the petitioner's industry among organizations similar to the petitioner. Accordingly, the proffered 
position does not qualify as a specialty occupation under the first prong of 8 C.F.R. 3 214.2 
(h)(4)(iii)(A)(2). 
Nor does the record show that the proffered position is so complex or unique that it can only be 
performed by an individual with a baccalaureate degree in a specific specialty, as required for it to qualify 
as a specialty occupation under the second prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). Neither the 
technical nature of the subject matter nor the languages of the material to be translated exceed the scope 
of a typical translating position. A translator may encounter a range of different subject matters, as 
indicated in the Handbook, and the three European languages required by the proffered position, though 
they may be in different language families, do not require a specialty degree to master. Achieving 
competence as a translator, as explained in the Handbook, does not require a baccalaureate or higher 
degree in translation or a related specialty. It can also be the product of a non-university training 
program. 
As for the third alternative criterion of a specialty occupation, the proffered position is newly created and 
the petitioner has no hiring history for it. Accordingly, the petitioner cannot demonstrate that it normally 
requires a baccalaureate degree in a specific specialty or its equivalent, as required for the position to 
qualify as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the proffered position does not meet the fourth alternative criterion of a specialty occupation, at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), because the record does not establish that the duties of the position are 
so specialized and complex that the knowledge required to perform them is usually associated with a 
baccalaureate or higher degree in a specific specialty. Though the petitioner asserts that the subject 
WAC 04 162 54649 
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matter of the translations - i.e., financial documentation - requires specialized knowledge at the level of a 
master's degree in translationlapplied linguistics, the AAO is not persuaded that the subject matter is 
more specialized and complex than materials typically encountered by translators, which can cover a 
range of different subject areas, as indicated in the Handbook. Based on the evidence of record, the AAO 
concludes that the duties of the translator position proffered by the petitioner could be performed by an 
individual with less than baccalaureate level knowledge in a specific specialty. 
For the reasons discussed above, the record fails to demonstrate that the proffered position meets any of 
the criteria enumerated in 8 C.F.R. 5 214.2(h)(4)(iii)(A) to qualify as a specialty occupation. The 
petitioner has not established that the beneficiary will be coming temporarily to the United States to 
perform services in a specialty occupation, as required under section lOl(a)(lS)(H)(i)(b) of the Act, 
8 U.S.C. 5 llOl(a)(lS)(H)(i)(b). 
Beyond the decision of the director, the AAO also determines that the record fails to establish that the 
beneficiary is qualified to perform services in a specialty occupation. The regulation at 8 C.F.R. !j 214.2 
(h)(4)(iii)(C) provides that an alien must meet one of the following criteria to qualify to perform the 
services of a specialty occupation: 
(1) Hold a United States baccalaureate or higher degree required by the specialty 
occupation from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States 
baccalaureate or higher degree required by the specialty occupation from an 
accredited college or university; 
(3) Hold an unrestricted State license, registration or certification which authorizes 
him or her to fully practice the specialty occupation and be immediately engaged 
in that specialty in the state of intended employment; or 
(4) Have education, specialized training, andlor progressively responsible experience 
that is equivalent to completion of a United States baccalaureate or higher degree 
in the specialty occupation, and have recognition of expertise in the specialty 
through progressively responsible positions directly related to the specialty. 
The beneficiary does not meet criteria (I) and (3) above, and there is no documentation showing that she 
meets criterion (4). As for criterion (2), the record indicates that the beneficiary received a diploma as a 
professional translator ("Diplom-Uebersetzerin") from a university in Germany. But there is no 
documentary evidence demonstrating that this diploma is equivalent to a baccalaureate or higher degree 
in a specialty field from a U.S. college or university, as required for it to qualify the beneficiary to 
perform services in a specialty occupation. As the beneficiary is not qualified to perform services in a 
specialty occupation under any of the criteria enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(C), the petition 
must be denied on this basis as well. 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
. 
*' ' WAC 04 162 54649 
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ORDER: The appeal is dismissed. The petition is denied.