sustained H-1B Case: Finance

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
dele(od to and Immigration 
pmvmt my unwa- 
-d#rsolulprivaQ 
FILE: WAC 04 223 52803 Office: CALIFORNIA SERVICE CENTER Date: MAR 0 8 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 I 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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 223 52803 
Page 2 
DISCUSSION: The director of the California Service Center director denied the nonimmigrant visa petition and 
the matter is now before the Administrative Appeals Ofice (AAO) on appeal. The appeal will be sustained. The 
petition will be approved. 
The petitioner is a business that manufactures, designs, importsfexports and distributes home fashion 
products, with 13 employees and $2.2 million in gross income. It seek to employ the beneficiary as a 
financial planner pursuant to section 10l(a)(l5)(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 he determined the position was not a 
specialty occupation. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) counsel'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 
issuing its decision. 
The issue before the AAO is whether the petitioner's proffered position qualifies as a specialty occupation. 
To meets its burden of proof in this regard, the 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 Act, 8 U.S.C. 5 1 184(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. 
The term "specialty occupation" is further defined at 8 C.F.R. 3 214.2(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 
WAC 04 223 52803 
Page 3 
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 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 seeks the beneficiary's services as a financial planner. Evidence of the beneficiary's duties 
includes: the Form 1-129; the petitioner's July 19, 2004 letter in support of the petition; and counsel's August 
30, 2004 response to the director's request for evidence. As stated by the petitioner, the proffered position's 
duties would require the beneficiary to: 
Analyze financial statements, and examine past and current business performance to 
determine factors that affect the company's spending and investments, such as nature 
and length of business cycles, the effects of a specific rate of inflation on the 
economy, competition in the industry or the effects of tax legislation; 
Plan and monitor budgets to determine if allocated funds have been spent in 
conformance with established procedures, regulations and organizational objectives; 
Develop annual operational budgets and prepare financial reports; and 
Research business trends in rug and other home fashion products to determine 
viability of future investments. 
To make its determination whether the employment just described qualifies as a specialty occupation, the 
AAO turns to the criteria at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher degree or its 
equivalent is the normal minimum requirement for entry into the particular position; and a degree requirement 
is common to the industry in parallel positions among similar organizations or a particular position is so 
complex or unique that it can be performed only by an individual with a degree. Factors considered by the 
AAO when determining these criteria include: whether the Department of Labor's Occupational Outlook 
Handbook (Handbook), on which the AAO routinely relies for the educational requirements of particular 
occupations, reports the industry requires a degree; whether the industry's professional association has made a 
WAC 04 223 52803 
Page 4 
degree a minimum entry requirement; and whether letters or affidavits from firms or individuals in the 
industry attest that such firms "routinely employ and recruit only degreed individuals." See Shanti, Inc. v. 
Reno, 36 F. Supp. 2d 1 15 1, 1 165 (D. Minn. 1999) (quoting Hird/Blaker Corp. v. Suva, 71 2 F. Supp. 1095, 
1 102 (S.D.N.Y. 1989)). 
In his denial, the director found the duties of the proffered position to reflect those of financial analysts, but 
denied the petition because he determined that the petitioner's business was not of the type to employ a 
financial analyst and that it lacked the resources necessary for the type of investment activities carried out by 
financial analysts. Instead, the director determined that the size of the petitioner's business indicated that the 
beneficiary's primary responsibilities would involve bookkeeping, management and sales duties, employment 
that would not impose a degree requirement on the beneficiary. The AAO does not agree. 
The duties, as described, do not reflect the employment of financial analysts whose work is discussed in the 
2006-2007 edition of the Handbook under the occupation of financial analysts and personal financial 
1 
advisors, as follows: 
Financial 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, also called securities analysts and investment 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. They often 
meet with company officials to gain a better insight into the firm's prospects and to determine 
its managerial effectiveness. 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 use spreadsheet and statistical software packages to analyze financial data, 
spot trends, and develop forecasts. On the basis of their results, they write reports and make 
presentations, usually making recommendations to buy or sell a particular investment or 
security. Senior analysts may even be the ones who decide to buy or sell if they are 
responsible for managing the company's or client's assets. Other analysts use the data they 
find to measure the financial risks associated with making a particular investment decision. 
Instead, the AAO finds the most of the duties of the proffered position, which are largely focused on the 
petitioner's budget and financial operations, to reflect the work performed by budget analysts. As indicated 
by the  andb book:^ 
1 
 Occupational Outlook Handbook, 2006-2007 Edition, at www.bls.gv/oco/ocos259.htm. 
WAC 04 223 52803 
Page 5 
Budget analysts can be found in private industry, nonprofit organizations, and the public 
sector. In private sector firms, a budget analyst examines budgets and seeks new ways to 
improve efficiency and increase profits . . . . 
Analysts examine the budget estimates or proposals for completeness; accuracy; and 
conformance with established procedures, regulations, and organizational objectives . . . . 
They also examine past and current budgets and research economic and financial 
developments that affect the organization's spending. This process enables analysts to 
evaluate proposals in terms of the organization's priorities and financial resources. 
[Alnalysts periodically monitor the budget by reviewing reports and accounting records to 
determine if allocated funds have been spent as specified. If deviations appear between the 
approved budget and actual performance, budget analysts may write a report providing 
reasons for the variations, along with recommendations for new or revised budget procedures. 
To avoid or alleviate deficits, budget analysts may recommend program cuts or reallocation 
of excess funds. They also inform program managers and others within their organization of 
the status and availability of funds in different budget accounts. Before any changes are made 
to an existing program, or before a new one is implemented, a budget analyst must assess the 
program's efficiency and effectiveness. Analysts also may be involved in long-range 
planning activities such as projecting future budget needs. 
Budget analysts have seen their role broadened as limited funding has led to downsizing and 
restructuring throughout private industry and government. Not only do they develop 
guidelines and policies governing the formulation and maintenance of the budget, but they 
also measure organizational performance, assess the effects of various programs and policies 
on the budget, and help draft budget-related legislation . . . 
The beneficiary would also have responsibility for researching business trends in rugs and home fashion 
products, work that would normally be performed by marketing managers or market research analysts and 
which is described by the Handbook under the occupational titles of advertising, marketing, promotions, 
public relations and sales managers, and market and survey researchers, respectively. 
3 
Accordingly, the AAO turns to the Handbook's discussion of the educational requirements for all three 
occupations to determine whether the proffered position would impose a specific degree requirement on the 
beneficiary. For budget analysts, the Handbook indicates that: 
[plrivate firms and government agencies generally require candidates for budget analyst 
positions to have at least a bachelor's degree, but many prefer or require a master's degree . . 
Ibid., at www.bls.gov/oco/ocos003.htm. 
Ibid., at ~.bls.gov/oco/ocos020.htm and www.bls.~rov/oco/ocosO 13.htrn. 
WAC 04 223 52803 
Page 6 
. . 
 Sometimes a degree in a field closely related to that of the employing industry or 
organization, such as engineering, may be preferred. Some firms prefer candidates with a 
degree in business because business courses emphasize quantitative and analytical skills . . . . 
Occasionally, budget-related or finance-related work experience can be substituted for formal 
education. 
The Handbook also fails to identify a specific degree requirement for employment as a market research 
analyst, noting only that: 
[a] bachelor's degree is the minimum educational requirement for many market and survey 
research jobs . . . . 
For employment as a marketing manager, it indicates no degree requirement of any type: 
A wide range of educational backgrounds is suitable for entry into . . . marketing managerial 
jobs, but many employers prefer those with experience in related occupations plus a broad 
liberal arts background . . . . 
For marketing . . . management positions, some employers prefer a bachelor's or master's 
degree in business administration with an emphasis on marketing. Courses in business law, 
economics, accounting, finance, mathematics, and statistics are advantageous . . . . 
Most . . . marketing . . . management positions are filled by promoting experienced staff or 
related professional personnel. For example, many managers are former sales 
representatives, purchasing agents, buyers, or product, advertising, promotions, or public 
relations specialists . . . . 
Based on the above discussion, none of the proffered position's budget-related and market research duties 
would require the beneficiary to hold a baccalaureate degree in a directly related academic field, as required 
for classification as a specialty occupation. Accordingly, the petitioner has not established the proffered 
position as a specialty occupation under the first criterion at 8 C.F.R. 214.2(h)(4)(iii)(A) - a baccalaureate or 
higher degree or its equivalent is normally the minimum requirement for entry into the particular position. 
The AAO now turns to a consideration of whether the petitioner, although unable to establish its proffered 
position as a specialty occupation under the requirement at 8 C.F.R. fj 214.2(h)(iii)(A)(I), may qualify it 
under one of the three criteria remaining: a degree requirement is the norm within the petitioner's industry or 
the position is so complex or unique that it may be performed only by an individual with a degree; the 
petitioner normally requires a degree or its equivalent for the position; or the duties of the position are so 
specialized and complex that the knowledge required to perform them is usually associated with a 
baccalaureate or higher degree. 
WAC 04 223 52803 
Page 7 
A review of the evidence of record finds it insufficient to establish the proposed duties as a position that is 
identifiable with an industry-wide educational standard, or distinguishable, by its unique nature or 
complexity, from a similar but non-degree-requiring position. It also fails to demonstrate that the petitioner 
has a history of recruiting and hiring degreed candidates for the position. However, the budget-related duties 
of the proffered position, as described by the petitioner, are sufficiently specialized and complex to require 
knowledge usually associated with the attainment of a baccalaureate degree in accounting, finance or another 
directly related academic field and, therefore, establish the proffered position as a specialty occupation under 
the fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
 Accordingly, the AAO withdraws the director's 
determination to the contrary. 
The AAO now turns to the record before it to determine whether the beneficiary is qualified to perform the 
duties of the proffered position. 
To prove that a beneficiary is qualified to perform the duties of a specialty occupation, a petitioner must 
establish that the beneficiary meets one of the requirements set forth at Section 2 14(i)(2) of the Act, 8 U.S.C. 
fj 1184(i)(2) -- full state licensure to practice in the occupation, if such licensure is required; completion of a 
degree in the specific specialty; or experience in the specialty equivalent to the completion of such degree and 
recognition of expertise in the specialty through progressively responsible positions relating to the specialty. 
Further discussion of how an alien qualifies to perform services in a specialty occupation is found at 8 C.F.R. 
8 2 14.2(h)(4)(iii)(C), and requires the individual to: 
(I) 
 Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) 
 Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or 
university; 
(3) 
 Hold an unrestricted state license, registration or certification which authorizes him or 
her to fully practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
(4) 
 Have education, specialized training, andlor progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the 
specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
At the time of filing, the petitioner submitted evidence to establish that the beneficiary holds a foreign degree 
that is the equivalent of a U.S. baccalaureate degree in a field of study directly related to the duties of the 
proffered position. This evidence includes copies of the beneficiary's diploma from the Colegio de San Juan 
de Letran in The Philippines documenting his 1988 bachelor of science degree in commerce; his academic 
transcripts; a May 7, 2004 Philippine Commission on High Education certification of both the beneficiary's 
diploma and transcripts; a May 10, 1988 document from the Philippine Ministry of Education, Culture and 
WAC 04 223 52803 
Page 8 
Sports certifying that the beneficiary graduated from the Colegio de San Juan de Letran with a major in 
accounting; and an evaluation of the beneficiary's educational credentials provided by the Foundation for 
. in Bothell, Washington. The FIS evaluation finds the coursework taken by 
the beneficiary to provide him with the equivalent of a U.S. baccalaureate degree in business administration 
with a major in accounting from a regionally accredited college or university. 
Having reviewed the documentation provided by the petitioner, the AAO finds the beneficiary's academic 
record to reflect a concentration in accounting, finance, taxation and business-related mathematics courses. 
Therefore, it accepts the FIS evaluation of the beneficiary's academic credentials and finds the petitioner to 
have established that the beneficiary holds a foreign degree equivalent to a U.S. baccalaureate degree required 
by the proffered position, a U.S. degree in business administration, with a major in accounting. Therefore, the 
petitioner has established the beneficiary as qualified to perform the duties of a specialty occupation under the 
second criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(C). 
For the reasons previously discussed, the petitioner has established both that the proffered position is a 
specialty occupation and that the beneficiary is qualified to perform the duties of a specialty occupation. 
Accordingly, the petitioner's appeal will be sustained. 
For reasons related in the preceding discussion, the petitioner has failed to establish the proffered position as a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
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 met its burden. 
ORDER: 
 The appeal is sustained. The petition is approved.