sustained H-1B Case: Finance / Accounting

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 035 50263 Office: CALIFORNIA SERVICE CENTER Date: jcT 2 8 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 l(a)(l S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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, Director 
Administrative Appeals Office 
WAC 04 035 50263 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is business management/accounting fm that seeks to employ the beneficiary as a financial 
specialist. The petitioner, therefore, endeavors to classify the beneficiary as a nonimrnigrant worker in a 
specialty occupation pursuant to section 10 l(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 because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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. 4 214.2(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; 
(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. 
ij 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 
WAC 04 035 50263 
Page 3 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a financial specialist. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's support letter; 
and the petitioner's response to the director's request for evidence. According to this evidence, the 
beneficiary would perform duties that entail evaluating current local economic conditions in the multi-family, 
residential real estate market, including supply and demand, capital markets, employment, wages, interest 
rates, and existing and proposed tax laws and regulations influencing real estate. The beneficiary will advise 
management on financing, the suitability of investors, qualifications of buyers, the appropriate time to buy 
and sell apartment building investments, and the optimum price and terms for apartment building investments 
and sale. The beneficiary will advise on the optimum size, location, and type of property; the improvements 
to individual properties and their cost benefit analysis and tax implications; the optimal rental rate to achieve 
the lowest vacancy rate at the highest rent; how and where to invest available cash to ensure the maximum 
return, safety, and liquidity; and how to minimize income, business, and other taxes on the sale and operation 
of investments. The beneficiary will ensure compliance with federal, state, and local laws and regulations 
affecting the purchase, sale, and operation of multi-family residential real estate, particularly anti- 
discrimination and rent control laws and regulations; and advise management of potential problems and the 
impact of proposed laws and regulations on the purchase, sale, and operation of multi-family residential real 
estate. In addition to the job duties described in the petitioner's September 29, 2003 letter, the petitioner's 
May 11, 2004 letter states that the beneficiary will help manage apartment properties. The petitioner stated 
that the proposed position requires at least a college degree or its equivalent in the occupational field. 
The director stated that many of the proposed duties reflect those of a market research analyst as that 
occupation is described in the Department of Labor's (DOL) Occupational Outlook Handbook (the 
Handbook). But the director stated that sole reliance on the Handbook and other governmental publications 
to demonstrate that a position is a specialty occupation is misplaced. When determining whether a position 
qualifies as a specialty occupation, the director stated that each position must be evaluated based on the nature 
and complexity of the job duties, and that performing incidental specialty occupation duties is insufficient to 
establish that a position is a specialty occupation. The director found the petitioner did not have the 
organizational complexity to require the services of a market research analyst: it did not have a marketing 
division, department, team, or staff. The director concluded that the beneficiary would perform these duties, 
which are those of a specialty occupation. According to the director, even if the beneficiary performed some 
market analysis, that duty would be incidental to the primary duties that do not qualify as specialty occupation 
duties. The director determined that the petitioner is not in an industry that the Handbook describes as 
employing market research analysts on a part-time or a full-time basis for any significant length of time. The 
director found the proposed position similar to a marketing manager, which the Handbook reveals is not a 
specialty occupation. The director discussed the four criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A), finding that the 
petitioner established none of them. 
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On appeal, counsel discusses the petitioner's business, states that the proposed position is not in market 
research, and refers to the Occupational Information Network (O*Net) to show that the proposed position is 
that of a financial analyst (specialty). 
Upon review of the record, the petitioner has established one of the criteria outlined in 8 C.F.R. 
9 2 14.2@)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
To satisfy the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(#), the petitioner must establish that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree. Based on the petitioner's job description 
and the supporting evidence in the record, the proposed duties would require a baccalaureate degree in a 
specific specialty such as economics and management, which is the degree held by the beneficiary. 
Accordingly, the petitioner establishes the fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
As related in the discussion above, the petitioner has established that the proffered position is a specialty 
occupation. 
The AAO notes that the beneficiary is qualified for the proposed position as she holds a bachelor's degree 
with a major in economics from University of California, Irvine. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved.