sustained H-1B Case: Accounting

U..S. Department of Homeland Security
20 Mass. Ave.,N.W., Rm. A3042
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
FILE: WAC 04 213 50432 Office: CALIFORNIA SERVICE CENTER Date: JUl 282006
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 110l(a)(15)(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.
Robert P. Wiemann, Chief
Administrative Appeals Office
www.usels.gev
WAC 04 213 50432
Page 2
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before
the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained.
The petitioner is a real estate and property management business that seeks to employ the beneficiary as a
part-time accountant. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a
specialty occupation pursuant to § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act),
8 U.S.C. § 1101(a)(15)(H)(i)(b).
The director denied the petition because the proffered position is not a specialty occupation. On appeal,
counsel submits a brief and additional evidence, including a letter from the petitioner, a list of the properties
managed by the petitioner, and job advertisements ..
Section 214(i)(l) of the Act, 8 U.S.C. § 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.
Pursuant to 8 C.F.R. § 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 Of, 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. § 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: (1) Form 1-129 and supporting documentation; (2) the
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the
director's denial letter; and (5) Form I...290B and supporting documentation .. The AAO reviewed the record in
its entirety before issuing its decision.
WAC 04213 50432
Page 3
The petitioner is seeking the beneficiary's services as a part-time accountant. Evidence of the beneficiary's
duties includes: the 1-129 petition; the petitioner's July 8, 2004 letter in support of the petition; and the
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would
perform duties that entail: analyzing and preparing financial statements and other accounting reports;
preparing budgets and cash-flow projections; developing and implementing internal control procedures; and
implementing sound accounting systems in adherence to GAAP. The petitioner indicated that a qualified
candidate for the job would possess a degree in accounting or business administration.
The director found that the proffered position was not a specialty occupation because the job is not an
accountant position; it is a bookkeeping, accounting, or auditing clerk position. Citing to the Department of
Labor's (DOL) Occupational Outlook Handbook (Handbook), 2004-2005 edition, the director noted that the
minimum requirement for entry into the position was not a baccalaureate degree or its equivalent in a specific
specialty. The director found further that the petitioner failed to establish any of the criteria found at
8 C.F.R. § 214.2(h)(4)(iii)(A).
On appeal, counsel states, in part, that the proffered position is that of an accountant, a position that requires a
bachelor's degree, as clearly indicated by the Handbook. Counsel states further that the record contains
evidence that the petitioner's previous accountant holds a bachelor's degree in accounting. Counsel also states
that the proposed duties are so complex as to require a related bachelor's degree. Counsel submits job
advertisements as supporting documentation.
The AAO disagrees with the director's finding that the proffered position is not a specialty occupation. In this
case, the proffered position is that of a part-time accountant for the petitioning entity, which is a real estate
developer, and investment and management business, whose tenants include doctors, dentists, coffee shops,
delis, cleaners, electronics retail, restaurants, and many other establishments. A review of the Handbook,
2006-2007 edition, finds that most accountant and auditor positions require at least a bachelor's degree in
accounting or a related field. The beneficiary in this case holds a foreign bachelor's degree in business
administration, which has been determined to be the equivalent of a bachelor's degree in business
administration with a major in accounting from an accredited university in the United States. In view of the
foregoing, it is concluded that the petitioner has demonstrated that the proffered position is a specialty
occupation within the meaning of regulations and that the beneficiary is qualified to perform the duties of the
specialty occupation.
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act,
8 U.S.C. § 1361. The petitioner has sustained that burden. Accordingly, the appeal will be sustained and the
petition will be approved.
ORDER: The appeal is sustained. The director's order is withdrawn and the petition is approved.