dismissed H-1B Case: Management Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 8632840 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WLY 23, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "management analyst" under the 
H-lB nonimmigrant classification for specialty occupations . See Immigration and Nationality Act 
(the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 10l(a)(l5)(H)(i)(b) . The H-lB program allows a 
U.S. employer to temporarily employ a qualified foreign worker in a position that requires both: (a) 
the theoretical and practical application of a body of highly specialized knowledge; and (b) the 
attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum 
prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. 
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 l&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 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), defines the term "specialty occupation" as an 
occupation that requires : 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition , the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation : 
( 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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
II. ANALYSIS 
The Director concluded the evidence was insufficient to establish that the position qualified as a 
specialty occupation under at least one of the criteria in 8 C.F.R. § 214.2(h)(4)(iii)(A). On appeal, the 
Petitioner discusses the position's qualification as a specialty occupation solely under the criterion in 
8 C.F.R. § 214.2(h)(4)(iii)(A)(]) and (4). It does not provide new documentary evidence, or otherwise 
challenge the Director's determination of ineligibility, under the criteria in subsections (2) or (3) of 
8 C.F.R. § 214.2(h)(4)(iii)(A). Therefore, we will focus our discussion on whether the position 
qualifies as a specialty occupation under the criterion in 8 C.F.R. § 214.2(h)(4)(iii)(A)(]) and (4). 
For the reasons discussed below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation. 1 Specifically, we conclude that the record does 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 
A. First Criterion 
We tum first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we will consider the information contained 
1 The Petitioner submitted documentation to support the petition, including evidence regarding the position and its business 
operations. While we may not discuss every document submitted, we have reviewed and considered each one. 
2 
in the U.S. Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) regarding the 
duties and educational requirements of the wide variety of occupations it addresses. 2 
The Petitioner submitted the required DOL ETA Form 9035 & 9035E, Labor Condition Application 
for Nonimmigrant Workers (LCA) with this petition, where it classified the proffered position under 
the occupational title "Management Analysts," corresponding to the Standard Occupational 
Classification (SOC) code 13-1111. 3 
Although the Handbook states that "[a] bachelor's degree is the typical entry-level requirement for 
management analysts," it also states that "common fields of study include business, management, 
economics, accounting, finance, marketing, and psychology." 4 Based on the wide range of degrees 
the Handbook indicates is acceptable for entry into this occupation, the Handbook does not support 
the conclusion that a bachelor's or higher degree in a specific specialty, or its equivalent, is normally 
the minimum requirement for entry into a management analyst position. 
In addition, the Handbook confirms that a general-purpose bachelor's degree ( e.g., a bachelor's degree 
in business, with no further specialization) would adequately prepare an individual to perform the 
duties of these positions. Although a general-purpose bachelor's degree, such as a degree in business, 
may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will 
not justify a finding that a particular position qualifies for classification as a specialty occupation. 5 
Therefore, the Handbook's recognition that a general, non-specialty field of study in business is 
sufficient for positions located within this occupational category strongly suggests that a bachelor's 
degree in a spec[fic specialty is not normally the minimum entry requirement for this occupation. 
In su ort of the etition the Petitioner submitted a letter from I I ag 
Department of Management at the University of L...--------,,-------....---------' 
In his letter, ~----~ describes the credentials that he asserts qualify him to opine upon the 
nature of the proffered position; and states that these duties require at least a bachelor's degree in 
finance, economics, or a closely related business discipline. We carefully evaluated I Is 
assertions in support of the instant petition but, for the following reasons, determined his letter is not 
persuasive. 
First, we observe that I I states that he "carefully review[ ed] a detailed job description 
of the Management Analyst position as described by [ the Petitioner];" however, he does not discuss 
2 We do not maintain that the Handbook is the exclusive source of relevant information. That is, the occupational category 
designated by the Petitioner is considered as an aspect in establishing the general tasks and responsibilities of a proffered 
position, and we regularly review the Handbook on the duties and educational requirements of the wide variety of 
occupations that it addresses. Nevertheless, to satisfy the first criterion, the burden of proof remains on the Petitioner to 
submit sufficient evidence to support a finding that its particular position would normally have a minimum, specialty 
degree requirement, or its equivalent, for entry. 
3 The Petitioner is required to submit a certified LCA to U.S. Citizenship and Immigration Services (USCTS) to demonstrate 
that it will pay the Beneficiary 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 2 l 2(n)(l) of the Act; 20 C.F.R. § 655.73 l(a). 
4 Bureau of Labor Statistics, DOL, Handbook, Management Analysts, https://www.bls.gov/ooh/business-and­
financial/management-analysts.htm (last visited on July 22, 2020). 
5 See Royal Siam Co1p., 484 F.3d at 147. 
3 
the duties of the proffered position in any substantive detail. Rather, he compares the proffered duties 
to the tasks listed in DOL's Occupational Information Network (O*NET) summary report for 
"Management Analysts" listed as SOC code 13-1111.00 and asserts that the proffered position is a 
management analyst position. Moreover, he does not discuss the duties in the specific context of the 
Petitioner's business. There is no indication that he possesses any knowledge of the Petitioner's 
proffered position beyond this limited job description, e.g., visited the Petitioner's business, observed 
the Petitioner's employees, interviewed them about the nature of their work, or documented the 
knowledge that these workers apply on the job prior to documenting his opinion regarding the 
proffered position. His level of familiarity with the actual job duties as they would be performed in 
the context of the Petitioner's business has therefore not been substantiated. 
In addition, the record does not include evidence that I I has for example, published, 
conducted research, run surveys, or engaged in an enterprise, pursuit, or employment - academic or 
otherwise - regarding the minimum education requirements for the performance of the duties of the 
proffered position. I I again references the O*NET summary report for "Management 
Analysts." The summary report provides general information regarding the management analysts 
occupation; however, it does not support the Petitioner's assertion regarding the educational 
requirements for management analyst positions. For example, the management analyst occupation is 
designated as Job Zone Five, a zone for which "most. .. occupations require graduate school." 
However, the O*NET does not specify what field, if any, that the occupation requires the degree to be 
in.6 
For the reasons discussed, we conclude that the opinion letter froml J is insufficient to 
satisfy the first criterion. Matter of Caron Int'!, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988) (The 
service is not required to accept or may give less weight to an advisory opinion when it is "not in 
accord with other information or is in any way questionable."). For the sake of brevity, we will not 
address the other deficiencies within the professor's analyses of the proffered position. 
In the instant matter, the Petitioner has not provided sufficient documentation from a probative, 
authoritative source to substantiate its assertion regarding the minimum requirement for entry into this 
particular position. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
B. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. 
We reviewed the Petitioner's statements regarding the proffered position. We found that some of the 
job duties provided by the Petitioner are recited virtually verbatim from the O*NET Summary 
Report's list of tasks for "Management Analysts" - SOC code 13-1111. Providing job duties for a 
proffered position from O*NET is generally not sufficient for establishing H-1B eligibility. That is, 
6 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/online/svp. 
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while this type of description may be appropriate when defining the range of duties that may be 
performed within an occupational category, it cannot be relied upon by the Petitioner when discussing 
the duties attached to specific employment for H-1 B approval as this type of generic description does 
not adequately convey the substantive work that the Beneficiary will perform on a day-to-day basis 
and is not sufficient to satisfy the fourth prong of this criterion. In establishing a position as qualifying 
as a specialty occupation, a petitioner must describe the specific duties and responsibilities to be 
performed by a beneficiary in the context of its business operations, demonstrate that a legitimate need 
for an employee exists, and substantiate that it has H-lB caliber work for the beneficiary for the period 
of employment requested in the petition. 
Setting aside those duties which were copied from O*NET, the remaining job duties provided by the 
Petitioner are also not sufficient to satisfy the fourth prong of this criterion. While the Petitioner 
provided the various software the Beneficiary will use to "generate monthly and seasonal financial 
reports, conduct Information Flow Optimization and Diagnosis Utilization Analysis, and produce 
reports on patient credit analysis, provider analysis, and procedure payer payment analysis," it has not 
sufficiently developed specialized and complex as an aspect of the proffered position. That is, the 
Petitioner has not explained in detail how job duties such as: 
• Studies economic and business trends to create monthly, quarterly and annual reports with 
statistical data trends in revenue cycle performance as compared to benchmarks and key 
performance indicators 
• Accesses and interprets appropriate financial data for purposes of identifying management 
performance improvement opportunities, cost savings, and revenue enhancement opportunities 
• Reviews costs and performs a cost benefit analysis related to projects and/or programs to 
advise company about investments opportunities and recommend actions to management 
based on sound analysis 
require the theoretical and practical application of a body of highly specialized knowledge. Moreover, 
the duties listed above focus on an outcome or result, rather than the process undertaken to produce 
such an outcome or result. Such circular descriptions do not meaningfully convey the duties of the 
position apart from its overall outcome. Thus, the Petitioner has not demonstrated that its proffered 
position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). 
III. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. The appeal will be 
dismissed for the above stated reasons. 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. 
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