remanded H-1B Case: Beauty Services

identieing data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 221 50684 Office: CALIFORNIA SERVICE CENTER Date: 2 9 2006 
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 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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. Wiemann, Chief 
Administrative Appeals Office 
A 221 50684 
rage 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on appeal 
before the Administrative Appeals Office (AAO). The director's decision will be withdrawn. The matter will be 
remanded for entry of a new decision. 
The petitioner is a chain of nail salons/spas. It seeks to employ the beneficiary as a financial analyst and to 
classify her as a nonimmigrant 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 1 lOl(a)(lS)(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. 9 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: 
(1) 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. 
5 214.2(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 (I) 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. 
, ~4 221 50684 
Page 3 
The petitioner is a chain of nail salonslspas in the Greater Los Angeles area. In the Form 1-129 and an 
accompanying letter the petitioner stated that its business was established in 1996, has grown to 18 salons 
with 297 employees, and earns gross annual income of $8.5 million. In its initial letter the petitioner 
indicated that it was in the process of opening four more salons and sought to hire a financial analyst to 
recommend business and investment strategies, analyze its management structure and supplier network, and 
review other aspects of the business such as operational costs, inventory controls, cash flow, and reporting 
systems. The duties of the proffered position were listed by the petitioner as follows: 
Analyze financial information to forecast business, industry and economic conditions for use in 
making decisions. 
Interpret data concerning price, yield, stability, and future trends in financial markets to calculate 
risks and economic influences pertinent to franchise. 
Gather information such as industry, regulatory and economic information, company financial 
statements, financial periodicals and newspapers for analysis of industry trends. 
Recommend economic timing and buy and sell orders. 
Draw charts and graphs to illustrate reports. 
Analyze financial information detailing assets, liabilities and capital. 
Prepare balance sheets, profit and loss statements and other reports to summarize current and 
projected company financial positions. 
Perform ongoing research and development to optimize operational efficiencies and gather full 
benefits of growth as required by franchisor under terms of agreement. 
Prepare standard operational supply programs as required by franchise agreement. 
Evaluate effectiveness of marketing by franchisor as required by franchise agreement. 
The beneficiary qualifies for the job, the petitioner declares, by virtue of her bachelor of science in commerce, 
with a major in economics, which she earned at the University of Santo Tomas in Manila, the Philippines, on 
March 25. 1981. 
In its response to the RFE, counsel stated that the petitioner's business had grown to 20 salons and clarified 
that 31 full-time employees and 244 independent contractors worked in them. Employees include the 
management and administrative support staff, as well as the branch managers of the individual salons. The 
independent contractors work in the salons providing manicures, facials, and related services. Counsel 
indicated that business development and expansion had hitherto been handled by the petitioner's president, 
who has a bachelor of arts degree in management from the University of Phoenix, but that the growth of the 
business necessitated the hiring of a dedicated financial analyst to spearhead continued expansion. The duties 
of the position would have four focus areas, counsel explained, including: 
Evaluating locations as to suitability considering demographics and terms. 
Preparing reports to present to potential investors, partners or lenders for both existing locations 
and new ones. 
Reviewing potential investors to ensure suitability. 
Preparing miscellaneous reports on business. 
In his decision the director stated that, while some of the duties of the proffered position appeared to be those 
of a financial analyst as described in the Department of Labor (D0L)'s Occupational Outlook Handbook 
(Handbook), the position could not be classified as a financial analyst for two reasons. The first was that the 
- d4 221 50684 
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petitioner is not engaged in a type of business for which a financial analyst would normally be required in a 
full-time, ongoing capacity. The second reason was that the petitioner did not appear to have much 
investment capital, without which the business could not utilize the beneficiary in the capacity of a financial 
analyst to assess the economic performance of other companies and industries and advise the petitioner where 
to invest its money. The director concluded that the proffered position does not qualify as a specialty 
occupation under any of the alternative criteria enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal counsel contends that the type of business the petitioner runs is not determinative of its need for a 
financial analyst. Counsel asserts that many retail and service chains recruit financial analysts and submits 
some internet job announcements to illustrate the point. Counsel submits a letter from the petitioner's 
president stating that he currently utilizes outside consulting firms for advice about business expansion, but 
that it would be more economical and effective to hire an in-house financial analyst. Several examples are 
submitted of reports prepared for the petitioner by outside consultants on potential expansion locations. 
Additional financial and tax records are provided, supplementing earlier submitted materials, to demonstrate 
the scale of the petitioner's business operations. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, CIS 
routinely consults the DOL 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 115 1, 1165 (D.Minn. 1999) (quoting Hird/Blaker Corp. v. Suva, 764 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. 
Based on the duties of the proffered position as described by the petitioner, as well as the documentation in 
the record of the petitioner's business activities, organizational structure, scale of operations, and ongoing 
expansion, the AAO determines that the beneficiary would be performing the duties of a financial manager. 
The Handbook describes the occupation, in pertinent part, as follows: 
The duties of financial managers vary with their specific titles, which include controller, 
treasurer or finance officer, credit manager, cash manager, and risk and insurance manager. 
Controllers direct the preparation of financial reports that summarize and forecast the 
organization's financial position, such as income statements, balance sheets, and analyses of 
future earnings or expenses. Controllers also are in charge of preparing special reports 
required by regulatory authorities. Often, controllers oversee the accounting, audit, and 
budget departments. Treasurers and finance officers direct the organization's financial goals, 
objectives, and budgets. They oversee the investment of funds, manage associated risks, 
supervise cash management activities, execute capital-raising strategies to support a firm's 
expansion, and deal with mergers and acquisitions. Credit managers oversee the firm's 
issuance of credit, establishing credit-rating criteria, determining credit ceilings, and 
monitoring the collections of past-due accounts. Managers specializing in international 
finance develop financial and accounting systems for the banking transactions of 
multinational organizations. 
u4 221 50684 
Page 5 
Handbook, 2006-07 edition, at 43. The occupational sub-category of treasurer or finance officer - responsible 
for managing a company's investments and expansion - best reflects the proffered position in this case. 
With respect to the educational requirements of the occupation, the Handbook states that a bachelor's degree 
in finance, accounting, economics, or business administration is the normal minimum requirement for entry 
into a financial manager position. See id. The AAO determines that a financial manager meets the first 
alternative criterion of a specialty occupation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
The director's decision denying the petition on the ground that the proffered position is not a specialty 
occupation must therefore be withdrawn. 
Before the petition can be approved, however, it must be established that the beneficiary is qualified to 
perform services in the specialty occupation. To be qualified to perform services in a specialty occupation, 
the beneficiary must meet one of the following criteria enumerated in 8 C.F.R. 5 214.2 (h)(4)(iii)(C): 
(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, and/or 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 record indicates that the beneficiary received a bachelor of science in commerce, with a major in 
economics, at the University of Santo Tomas in Manila, the Philippines, on March 25, 1981. There is no 
educational credentials evaluation report in the record, however, confirming that the beneficiary's degree is 
equivalent to a baccalaureate degree in a specialty from an accredited U.S. college or university. 
The petition will be remanded for the director to make a determination on this and any other issue relating to 
the beneficiary's qualifications to perform the services of the specialty occupation. The director may afford 
the petitioner reasonable time to provide pertinent evidence. The director shall then issue a new decision 
based on the evidence of record relating to the beneficiary's qualifications. As always, the burden of proof 
rests with the petitioner. See section 291 of the Act, 8 U.S.C. 5 1361. 
ORDER: The director's decision of January 31, 2005 is withdrawn. The petition is remanded to the 
director for entry of a new decision. If adverse to the petitioner, the decision shall be certified to 
the AAO for review.