remanded H-1B Case: Investment Advisory

U.S. Citizenship 
and Immigration 
Services 
In Re : 17344995 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN. 11, 2021 
The Petitioner, a global investment advisory company, seeks to temporarily employ the Beneficiary as 
an "analyst" under the H-lB nonimmigrant classification for specialty occupations . See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C . § 1101(a)(15)(H)(i)(b) . 
The Director of the California Service Center denied the petition , concluding that the record did not 
establish the substantive nature of the position and was therefore unable to demonstrate that the 
position qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director erred 
in denying the petition . Upon de nova review, we will withdraw the decision of the Director and 
remand the matter for further action and entry of a new decision . 1 
I. ANALYSIS 
The Director concluded that because the substantive nature of the proffered position had not been 
demonstrated, the record was insufficient to classify it as a specialty occupation under any of the 
criteria found at 8 C.F.R. § 214.2(h)(4)(iii)(A) . 2 Upon review of the record in its totality, we conclude 
that the position is in fact a specialty occupation, and the Director 's decision is hereby withdrawn. 
However, we will not sustain the appeal, as the record of proceeding as currently constituted is not 
sufficient to establish that the certified labor condition application (LCA) corresponds to and supports 
the H-lB petition . We will therefore remand the matter for further development of the record on that 
issue and issuance of a new decision . 
The LCA serves as the critical mechanism for enforcing section 212(n)(l) of the Act, 8 U.S .C. 
§ 1182(n)(l). See Labor Condition Applications and Requirements for Employers Using 
Nonimmigrants on H-lB Visas in Specialty Occupations and as Fashion Models; Labor Certification 
1 We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
2 We agree with the Director that the list of duties for the position described in the Petitioner 's initial letter of support are 
too abstract and generalized to understand the substantive nature of the proffered position . However , when we examine 
the expanded duties submitted in response and on appeal within the context of the Petitioner's business operations , the 
substantive nature of the position appears established by a preponderance of the evidence . 
Process for Permanent Employment of Aliens in the United States, 65 Fed. Reg. 80,110, 80,110-11 
(proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) (indicating that the wage protections 
in the Act seek "to protect U.S. workers' wages and eliminate any economic incentive or advantage 
in hiring temporary foreign workers" and that this "process of protecting U.S. workers begins with 
[the filing of an LCA] with [DOL]."). According to section 212(n)(l)(A) of the Act, an employer 
must attest that it will pay a holder of an H-lB visa the higher of the prevailing wage in the "area of 
employment" or the amount paid to other employees with similar experience and qualifications who 
are performing the same services. See 20 C.F.R. § 655.73 l(a); Venkatraman v. REI Sys., Inc., 417 
F.3d 418,422 & n.3 (4th Cir. 2005); Patel v. Boghra, 369 F. App'x 722, 723 (7th Cir. 2010); Michal 
Vojtisek-Lom &Adm 'r Wage &Hour Div. v. Clean Air Tech. Int'l, Inc., No. 07-97, 2009 WL2371236, 
at 8 (Dep't of Labor Admin. Rev. Bd. July 30, 2009). 3 
The Petitioner designated the SOC code 13-2099.01 on the LCA, which corresponds to the 
occupational title "Financial Quantitative Analysts." However, the Petitioner has not established, by 
a preponderance of the evidence, that the proffered position's duties correspond to those of positions 
located within SOC code 13-2099.01. According to DOL's Occupational Information Network 
(O*NET) job description, financial quantitative analysts focus primarily on developing quantitative 
techniques to inform securities investing, equities investing, pricing, or valuation of financial 
instruments as well as developing mathematical or statistical models for risk management, asset 
optimization, pricing, or relative value analysis. 4 However, the Petitioner included duties that appear 
atypical to the tasks associated with this SOC and which, on the whole, do not encompass the duties 
of a financial quantitative analyst. The Director should therefore explore this issue. 
DO L's guidance explains that a job's SOC code is identified by selecting the O*NET job description 
"that most closely matches the employer's request" from a list of similar occupations. 5 The proffered 
position's duties could potentially be classified under several other occupational categories that closely 
align with the position's duties, including "Financial and Investment Analysts" (within SOC code 13-
2051), "Business Intelligence Analysts" (within SOC code 15-1199.08), among potentially others. 6 
3 While DOL ce11ifies the LCA, U.S. Citizenship and Immigration Services (USCIS) determines whether the LCA's 
attestations and content correspond with and support the H-lB petition. See 20 C.F.R. § 655.705(b) ("'DHS determines 
whether the petition is supported by an LCA which corresponds with the petition .... "). When comparing the standard 
occupation classification (SOC) code or the wage level indicated on the LCA to the claims associated with the petition, 
USCTS does not purport to supplant DOL's responsibility with respect to wage determinations. USCTS' responsibility at 
its stage of adjudication is to ensure that the content of the certified LCA "corresponds with" the content of the H- IB 
petition. 
The Petitioner's Form T-129 provides a salary of $61,173, which equates to the Level TT prevailing wage of $61,173 for 
the chosen SOC code. However, the record contains the Petitioner's offer of employment letter to the Beneficiary which 
shows that the proffered position's pay rate is actually $60,000 per annum. This discrepancy is significant because USCIS 
is charged with ensuring that the certified LCA corresponds to and supports the petition. See 
https://www.dol.gov/agencies/whd/fact-sheets/62s-h1 b-willful-violators (last visited June 10, 2021). This apparent 
discrepancy also requires resolution before approval of the petition can be considered. 
4 See https://www.onetonline.org/link/summary/13-2099.0l#menu (last visited June 10, 2021). 
5 DOL, Emp't & Training Admin .. Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs 
(rev. Nov. 2009) (DOL guidance), available at 
http://www.foreignlaborcert.doleta.gov/pdt!NPWHC _Guidance_ Revised_ 11 _ 2009 .pdf. 
6 Choosing the correct SOC can be a matter of degree and, as indicated in our Order, we express no opinion regarding the 
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The Petitioner describes the analyst's primary duty as performing "equity and fixed income index 
reconciliation" in addition to "answer[ing] inquiries from our global client service teams about index 
data and operations." (Together these duties account for 40% of the position's time.) Given that the 
position appears to provide guidance and financial analysis to the Petitioner's clients using the 
Petitioner's already developed software platforms, the Petitioner's chosen SOC does not, on its face, 
appear to correspond. 7 
II. CONCLUSION 
We agree with the Petitioner that the proffered position is a specialty occupation and therefore 
withdraw the Director's decision. However, because the petition is not approvable in its current state, 
we are remanding the matter for farther review of the record and issuance of a new decision. 
Specifically, the Director should make a determination as to whether the LCA corresponds to and 
supports this H-lB petition. If the Director determines it is necessary, she may request any additional 
evidence considered pertinent to the new determination and we express no opinion regarding the 
ultimate resolution of this case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
ultimate disposition of this matter. If the proffered position is primarily focused on using the Petitioner's proprietary 
software platforms to analyze financial information, then the correct SOC would appearto be 13-2051, which corresponds 
to the occupation of "financial and investment analysts." By contrast, if the position is primarily focused on developing 
software and quantitative platforms to allow others to analyze financial information, then the position would be better 
classified under the Petitioner's chosen SOC. If the primary purpose of the position is to ·'produce financial and market 
intelligence by querying data repositories ... "then the SOC 15-2051.01 corresponding to "Business Intelligence Analysts" 
would most closely match the position's duties. 
According to the Petitioner's September 1, 2020 letter, it has developed software platfom1s which are utilized by analysts 
(and licensees) to perform financial risk analysis and "[these software platforms] are a key component of risk management 
and are a critical part of their operations." Based on this information, the proffered position appears to match the duties of 
financial and investment analysts more closely ( corresponding to the SOC 13-2051 ). Importantly, we note that a Level TT 
financial and investment analyst (SOC 13-2051) has a prevailing wage of $82,638, which is significantly higher than the 
Level TT prevailing wage for the Petitioner's chosen SOC, which is $61,173. 
7 O*NET describes the detailed work activities of "Financial and Investment Analysts" to include "apply mathematical 
models of financial or business conditions," "advise others on business or operational matters," "analyze business or 
financial matters," "advise others on financial matters," among others. See https://www.onetonline.org/link/summary/13-
2051.00 (last visited June 10, 2021 ). 
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