remanded H-1B Case: Real Estate

identqing data deleted to 
prevenlt ,:i zt:.. :r ~nwarranted 
invasion of persomi privacy 
U.S. Department of IIomeland Security 
20 Mass. Ave.. N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: WAC 04 255 5298 1 Office: CALIFORNIA SERVICE CENTER Date: JUL 1 4 206 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. €j 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 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
WAC 04 255 5298 1 
Page 2 
DISCUSSION: The director of the California Service Center denied the nonimmigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO). The director's decision will be withdrawn and 
the matter remanded for entry of a new decision. 
The petitioner is a real estate management and development firm, with six employees. It seeks to hire the 
beneficiary as a market analyst. The director denied the petition based on his determination that the petitioner 
had failed to establish that its proffered position was a specialty occupation. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for evidence; (3) the petitioner's response to the director's request; (4) the director's denial 
letter; and (5) Form I-290B, with counsel's brief. The AAO reviewed the record in its entirety before 
reaching its decision. 
The issue before the AAO is whether the proffered position qualifies as a specialty occupation. To meet its 
burden of proof in this regard, a petitioner must establish that the job it is offering to the beneficiary meets the 
following statutory and regulatory requirements. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1184(i)(l) defines the term 
"specialty occupation" as one 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 term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
An occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a 
minimum for entry into the occupation in the United States. 
Pursuant to 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; 
WAC 04 255 52981 
Page 3 
(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 above criteria to mean not just 
any baccalaureate or higher degree, but one in a specific specialty that is directly related to the proffered 
position. 
To determine whether a particular job qualifies as a specialty occupation, CIS does not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the petitioning 
entity's business operations, are factors to be considered. CIS must examine the ultimate employment of the 
alien, and determine whether the position qualifies as a specialty occupation. CJ: Defensor v. Meissner, 201 
F. 3d 384 (5th Cir. 2000). The critical element is not the title of the position nor an employer's self-imposed 
standards, 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 the minimum for entry into the occupation, as required by the Act. 
The petitioner states that it is seeking the beneficiary's services as a market analyst. 
 Evidence of the 
beneficiary's duties includes: the Form 1-129; the petitioner's August 25, 2004 letter in support of the petition 
and its December 16, 2004 response to the director's request for evidence, which includes a copy of its 
organizational chart. At the time of filing, the petitioner indicated that the beneficiary would analyze 
potential development projects, requiring him to: 
Provide comprehensive marketing studies focusing on such areas as competitor 
analysis (concentrated on the economic and financial status of the company within a 
wide range of development projects that the petitioner owns, manages or seeks to 
engage in), demographic studies (i.e., reports concerning the different types of 
individuals and businesses most likely to retain the petitioner's property management 
services, in addition to comprehensive research and analysis of potential real estate 
opportunities within new markets) and other related market studies that will enable 
management to make critical business decisions based on all available market, 
economic and business-related data; 
Prepare a series of statistical, economic and other related analyses pertaining to the 
proposed and ultimate acquisition of varied properties and development projects; and 
Conduct specific analysis governing such factors as tax aspects, budgetary factors, 
regulatory matters, zoning ordinances, and other similar types of areas. 
To make its determination whether the employment just described qualifies as a specialty occupation, the 
AAO turns first to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) - a baccalaureate or higher degree or its 
equivalent is the normal minimum requirement for entry into the particular position. Factors considered by 
the AAO when determining this criterion include whether the Department of Labor's Occupational Outlook 
WAC 04 255 5298 1 
Page 4 
Handbook (Handbook), on which the AAO routinely relies for the educational requirements of particular 
occupations, reports the industry requires a degree and whether the industry's professional association has 
made a degree a minimum entry requirement. 
In his denial, the director indicated that he did not find the record to establish that the beneficiary would be 
employed as a market research analyst by the petitioner, determining that the petitioner's business did not 
have the organizational complexity to support a market research analyst or operate the type of business to 
require one. The AAO does not agree. It finds the director to have erred in denying the instant petition based 
on the structure and type of the petitioner's business. 
The 2006-2007 edition of the Handbook indicates that the work of marketing research analysts is concerned 
with the potential sales of products or services and that they provide a company's management with 
information needed to make decisions on the promotion, distribution, design and pricing of products or 
services. As a result, the AAO finds market research to be applicable to virtually any industry or business 
seeking to improve its market share and profits. The fact that the petitioner is a relatively small real estate 
management and development firm does not preclude it from engaging in the type of market research 
activities described by the Handbook. Accordingly, the AAO withdraws the director's finding in this regard. 
However, while the AAO finds that the petitioner's is a business that could require the services of a marketing 
research analyst, it does not find the record to establish that the proffered position, as outlined by the 
petitioner, is that of a market research analyst. As discussed in the 2006-2007 Handbook, market or survey 
researchers, also known as market or marketing research analysts are: 
[cloncerned with the potential sales of a product or service. Gathering statistical data on 
competitors and examining prices, sales, and methods of marketing and distribution, they 
analyze data on past sales to predict future sales. Market research analysts devise methods 
and procedures for obtaining the data they need . . . . 
After compiling and evaluating the data, market research analysts make recommendations to 
their client or employer on the basis of their findings. They provide a company's 
management with information needed to make decisions on the promotion, distribution, 
design, and pricing of products or services. The information also may be used to determine 
the advisability of adding new lines of merchandise, opening new branches, or otherwise 
diversifying the company's operations. Market research analysts might also develop 
advertising brochures and commercials, sales plans, and product promotions such as rebates 
1 
and giveaways . . . . 
The petitioner, however, has described employment that would inform its business decisions, rather than 
assist it in marketing its services. In its response to the director's request for evidence, the petitioner indicated 
that it required the beneficiary's services to identify appropriate development opportunities, by providing 
information on its competitors, demographic analysis to indicate which projects would offer the highest rate 
of return, and information as to the tax implications, depreciation advantages, budgetary issues, regulatory 
' Occupational Outlook Handbook, 2006-2007 Edition, at www.bls.gov/oco/ocosO13.htm. 
WAC 04 255 5298 1 
Page 5 
aspects, zoning ordinances and any other factors that would ultimately influence a decision to undertake a 
particular project.2 Based on this further discussion of the role the beneficiary would play in the petitioner's 
organization, the AAO finds the market research and analysis duties of the proffered position to be similar to 
those performed by financial analysts, employment that is addressed by the Handbook under the occupational 
title of financial analysts and personal financial advisors. 
As indicated by the Handbook: 
[flinancial analysts and personal financial advisors provide analysis and guidance to 
businesses and individuals to help them with their investment decisions. Both types of 
specialists gather financial information, analyze it, and make recommendations to their clients 
. . . . Financial analysts assess the economic performance of companies and industries for 
firms and institutions with money to invest. . . . 
Financial 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 to project its future earnings . . . . 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 . . . . write reports and make presentations, usually making 
recommendations to buy or sell a particular investment or security . . . . Other analysts use 
the data they find to measure the financial risks associated with making a particular 
investment decision. 
3 
While the petitioner's business decisions are focused on real estate and development, rather than the 
acquisition of companies or industries, the AAO, nevertheless, finds the duties of the proffered position to 
require the beneficiary to function in much the same manner as a financial analyst. In his capacity as the 
petitioner's market analyst, the beneficiary would provide the petitioner with the industry-related data and 
financial information required to make its real estate decisions, advising the petitioner on the tax implications, 
and depreciation advantages, and budgetary issues related to potential real estate investments, as well as 
related regulations and zoning ordinances. Although the duties of the proffered position are not an exact fit 
with those of financial analysts, the AAO concludes that the occupations are enough alike to require the 
beneficiary to have skills comparable to those of a financial analyst and, therefore, to require a similar level 
and type of academic preparation. 
L 
 To establish its real estate development/management operations, the petitioner has submitted materials 
from its website identifying properties it has available for lease, a separate list of the companies it or an 
affiliate owns or manages, and a copy of its organizational chart that identifies its employees by name, title 
and responsibilities. 
Occupational Outlook Handbook, 2006-2007 Edition, at www.bls.gov/oco/ocos259.htm. 
WAC 04 255 5298 1 
Page 6 
With regard to the requirements imposed on individuals seeking employment as financial analysts, the 
Handbook reports the following: 
A college education is required for financial analysts . . . . Most companies require financial 
analysts to have at least a bachelor's degree in business administration, accounting, statistics, 
or finance. Coursework in statistics, economics, and business is required, and knowledge of 
accounting policies and procedures, corporate budgeting, and financial analysis methods is 
recommended . . . . 
Based on the above discussion, the AAO finds the petitioner to have established the proffered position of 
market analyst as a specialty occupation under the first criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) - a 
baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the 
particular position. 
For reasons related in the preceding discussion, the petitioner has established the proffered position as a 
specialty occupation. The petition may not be approved, however, as the record does not reflect that the 
beneficiary is qualified to perform the duties of the specialty occupation. 
The petitioner has submitted copies of the beneficiary's 1987 diploma from the Philippine School of Business 
Administration, hs academic transcripts from that institution, and an evaluation of the beneficiary's academic 
credentials from in Norman, Oklahoma, which finds him to 
hold the equivalent of a U.S. baccalaureate degree in business administration from an accredited university in 
the United States. However, a baccalaureate degree in business administration alone is insufficient to qualify 
the beneficiary to perform the duties of a specialty occupation. CIS does not recognize a generalized business 
degree that does not have a specific concentration in marketing, finance or some other specific area of 
business as a degree required to perform a specialty occupation. See Matter of Ling, 13 I&N Dec. 35 (Reg. 
Comm. 1968). A petitioner seeking to qualify a beneficiary with a general degree in business administration 
must clearly establish that the beneficiary's studies include an area of concentration directly related to the 
duties of the specialty occupation. Accordingly, as the ICE evaluation of the beneficiary's degree in business 
administration does not indicate that it has a concentration in a specific academic field, it does not prove that 
he is qualified to perform the duties of a specialty occupation. 
The petitioner has submitted two opinions - one from a professor of economics at the University of 
California, Los Angeles (UCLA) and the other from a professor of management at Loyola Marymount 
University - as proof that the beneficiary's degree equivalency in business administration is in a field directly 
related to the proffered position. These opinions find the duties of the proffered position to be those of a 
market research analyst and the beneficiary's degree equivalency in business administration to be appropriate 
for employment as a market researcher. The proffered position is not, however, that of a market research 
analyst. Instead, as previously discussed, it is more closely aligned to the occupation of financial analyst. 
Accordingly, the professors' opinions are not relevant to these proceedings. 
The director's decision will be withdrawn and the case remanded to the director for a decision as to whether 
the beneficiary qualifies to perform the duties of a specialty occupation. The director may afford the 
WAC 04 255 52981 
Page 7 
petitioner a reasonable opportunity to submit evidence relating to the beneficiary's qualifications. 
 The 
director shall then issue a new decision based on the evidence of record, as it relates to the statutory and 
regulatory requirements for H-I B nonimmigrant visa eligibility 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. fj 1361. 
ORDER: 
 The director's decision of December 30, 2004 is withdrawn. The petition is remanded for entry 
of a new decision, which, if adverse to the petitioner, shall be certified to the AAO for review.