remanded H-1B Case: Finance

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 18, 2024 In Re: 34069576 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(H)(i)(b) . The H-lB program allows a U.S. employer to 
file a petition with U.S. Citizenship and Immigration Services (USCIS) to temporarily employ a 
qualified nonimmigrant 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 Texas Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary is qualified for the proffered position under any of the regulatory criteria 
at 8 C.F.R. § 214.2(h)(4)(iii)(C) . The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
We conclude that a remand is warranted in this case because the Director's decision is insufficient for 
review. Specifically, the Director is required to follow long-standing legal standards and determine 
first, whether the proffered position qualifies for classification as a specialty occupation, and second, 
whether the Beneficiary was qualified for the position at the time the nonimrnigrant visa petition was 
filed. Cf Matter ofMichael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) ("The facts of a 
beneficiary 's background only come at issue after it is found that the position in which the petitioner 
intends to employ him falls within [a specialty occupation]."). Here, the Director denied the petition, 
concluding that the record did not establish that the Beneficiary is qualified for the proffered position 
without first determining whether the position qualifies as a specialty occupation. 
Moreover, we note that the record as presently constituted is not sufficiently developed to demonstrate 
that the proffered position qualifies as a specialty occupation. See 8 C.F.R. § 214.2(h)(4)(iii)(A). 1 The 
Petitioner seeks to employ the Beneficiary in the position of"VP of Strategy, Finance and Operations." 
On the labor condition application submitted in support of the petition, the Petitioner stated that the 
proffered position is in the occupational classification of "Financial Managers" with Standard 
Occupational Classification code 11-3031. The Petitioner stated that its educational requirement for 
the position is a bachelor's degree or higher or its equivalent in "finance or related." 
In support of its degree requirement, the Petitioner provided little information regarding the specifics 
of its proffered position and instead relied on the guidance of the Occupational Outlook Handbook 
(Handbook). The Handbook states that individuals in the "Financial Managers" occupational category 
"typically need at least a bachelor's degree in business, economics, or a related field" and five years 
or more of experience in a related occupation. Bureau of Labor Statistics, U.S. Dep't of Labor, 
Occupational Outlook Handbook, Financial Managers (Aug. 29, 2024), 
https://www.bls.gov/ooh/management/financial-managers.htm. While finance may be a related field, 
we note that the Petitioner's entry requirement differs from the Handbook in that it does not require 
prior employment experience. Additionally, the Handbook reflects that a bachelor's degree in 
business is one of the normal educational requirements for entry into the occupation. The requirement 
of a bachelor's degree in business, without further specialization, is inadequate to establish that a 
proffered position qualifies as a specialty occupation. We have consistently stated that, 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 conclusion that a 
particular position qualifies for classification as a specialty occupation. See Royal Siam Corp. v. 
Chertoff, 484 F.3d at 147. 
Given the Handbook's guidance that a general business degree is acceptable, and the Petitioner's 
differing work experience requirement, the Petitioner's reference to the Handbook is not sufficient, on 
its own, to establish that its proffered position qualifies as a specialty occupation under 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The record is also not sufficient to demonstrate that the proffered position is so 
complex or unique, or specialized and complex, to qualify as a specialty occupation; that the degree 
requirement is common to the industry in parallel positions; or that the Petitioner normally requires a 
degree or its equivalent for this position. The record therefore requires further development to 
establish that the proffered position qualifies as a specialty occupation under 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). 
1 8 C.F.R. § 214.2(h)(4)(iii)(A) requires that the proffered position must meet one of the following criteria to qualify as a 
specialty occupation: (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 perfonn the duties 
is usually associated with the attainment of a baccalaureate or higher degree. 8 C.F.R. § 2 I 4.2(h)(4)(iii)(A) must be read 
with the statutory and regulatory definitions of a specialty occupation under section 214(i)( I) of the Act and 8 C.F.R. 
§ 2 l 4.2(h )( 4)(ii). 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. Chertojf, 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"). 
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Accordingly, the matter will be remanded to the Director to consider the specialty occupation issue 
and enter a new decision. The Director may request any additional evidence considered pertinent to 
the new determination and any other issue. As such, we express no opinion regarding the ultimate 
resolution of this case on remand. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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