sustained H-1B Case: Financial Quantitative Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re : 8755019 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 27, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "analyst" under the H-IB 
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 H-lB program allows a U.S . 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor 's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite 
for entry into the position. 
The Vermont Service Center Director denied the petition , concluding that the record did not establi sh 
that the proffered position qualifies as a specialty occupation. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence .1 
The Administrative Appeals Office (AAO) reviews the questions in this matter de nova. 2 Upon de 
nova review , we will sustain the appeal. 
I. LEGAL FRAMEWORK 
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. 
The regulation at 8 C.F.R. § 214 .2(h)(4)(ii) largely restates this statutory definition but adds a 
non-exhaustive list of fields of endeavor. In addition , the regulations provide that the proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
1 Section 291 of the Act; Matter ofCh awathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
( 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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
II. ANALYSIS 
On the labor condition application (LCA) 3 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Financial Specialists, All Other" 
corresponding to the Standard Occupational Classification (SOC) code 13-2099. In response to the 
Director's request for evidence (RFE), the Petitioner clarified that the proffered position should be 
classified as a "Financial Quantitative Analysts" occupation, a sub-category of SOC code 13-2099, 
more specifically SOC code 13-2099.01. Upon our review of the duties of the proffered position, we 
agree that most of the duties fall within the parameters of this occupation. On appeal the Petitioner 
asserts that it has satisfied all the regulatory criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
A. First Criterion 
The first criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]), requires that a baccalaureate or higher degree 
in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the 
particular position. To inform this inquiry, we consider the information contained in the U.S. 
Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) regarding the duties and 
educational requirements of the wide variety of occupations it addresses. 4 
3 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-IB worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar duties, experience and qualifications who are performing the same services. See Section 
212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
4 We do not maintain that the Handbook is the exclusive source of relevant information. That is, the occupational category 
designated by the Petitioner is considered as an aspect in establishing the general tasks and responsibilities of a proffered 
position, and we regularly review the Handbook on the duties and educational requirements of the wide variety of 
2 
The Handbook does not cover this particular occupation in detail, and instead provides only summary 
data. 5 The subchapter of the Handbook titled "Data for Occupations Not Covered in Detail" states, in 
relevant part, that the "[t]ypical entry-level education" for "Financial Specialists, All Other" is a 
"Bachelor's degree," without indicating a specific specialty. The Handbook does not farther delineate 
the required qualifications for the sub-categories of this occupation, including that of the "Financial 
Quantitative Analysts" occupation. This section of the Handbook also includes a link to the DO L's 
Occupational Information Network (O*NET) summary report for the "Financial Quantitative 
Analysts" occupation which indicates this sub-category has a Job Zone Five rating. However, neither 
the Handbook nor the O*NET summary report offer probative information indicating that this 
particular occupation falls within an occupational group for which normally the minimum requirement 
for entry is at least a bachelor's degree in a spec(fic specialty, or its equivalent. Thus, these sources 
are not probative in establishing the proffered position is a specialty occupation. 6 
B. First Prong of the Second Criterion 
The Petitioner also asserts on appeal that it provided evidence establishing that a degree requirement 
is common to the industry in parallel positions among similar organizations. To satisfy the first prong 
of the second criterion, the Petitioner must establish that the "degree requirement" ( e.g., a requirement 
of a bachelor's degree or higher in a specific specialty, or its equivalent) is common to the industry in 
parallel positions among similar organizations. 7 
To establish the first prong of this criterion, the Petitioner submitted a barely decipherable job posting 
from JP Morgan. The description of the advertiser's proposed position is general and does not include 
sufficient information regarding the role so that we may conclude that the Petitioner's proposed 
arallel to the osition offered in the job posting. 8 We also reviewed the opinion authored 
Associate Professor, Department of Computer Systems Technology, The 
,.........._. ____ ....---C_o_ll-eg_e_o_f~.Technology,D University ofj 1-1 !repeats some of 
the duties of the proposed position, opines that it is specialized and complex (which are not the factors 
considered under this criterion) and concludes that "among industry experts as well as educators, it is 
widely recognized that individuals holding the instant position herein must have at least a bachelor's 
level degree in Computational Data Science or a related field." I l however does not offer 
occupations that it addresses. Nevertheless, to satisfy the first criterion, the burden of proofremains on the Petitioner to 
submit sufficient evidence to support a finding that its particular position would n01mally have a minimum, specialty 
degree requirement, or its equivalent, for entry. 
5 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook. Data for Occupations Not Covered in 
Detail, https://www.bls.gov/ooh/about/data-for-occupations-not-covered-in-detail.htm (last visited Apr. 23, 2020). 
6 We reiterate that a general-purpose bachelor's degree, without more, will not justify a conclusion that a particular position 
qualifies for classification as a specialty occupation. Royal Siam Corp., 484 F.3d at 147. As neither the Handbook nor 
O*NET identity a required relevant specific specialty attained through bachelor's-level study, the Petitioner must provide 
probative evidence ( e.g., documentation from other objective, authoritative sources) that supports a finding that the 
particular position qualifies as a specialty occupation under this criterion. The Petitioner has not done so here. 
7 The Petitioner does not challenge the Director's decision concluding that the Petitioner did not satisfy the second prong 
of the second criterion. Accordingly, we will not discuss this criterion. 
8 Although the advertisement indicates that the position would involve data analysis, problem solving, scenario analysis. 
feasibility studies as well as front office responsibilities interfacing with clients, the remainder of the description discusses 
the requirements for the position, not the day-to-day tasks that would engage the successful incumbent in the position. 
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corroborating evidence such as surveys, stat1st1cs, or other objective qualifying information to 
substantiate his conclusion regarding "industry experts as well as educators." 
The record does not include probative evidence establishing this prong of this criterion. 
C. Third Criterion 
The third criterion involves an employer demonstrating that it normally requires a bachelor's degree 
in a specific specialty, or its equivalent, for the position. 
To establish this criterion the Petitioner provides a statement that a bachelor's degree in computational 
data science or a related field is an essential prerequisite for the proffered position and a redacted 
profile of two individuals in some type of "analyst" role. We note that the Petitioner has specifically 
redacted information describing the type of analyst and that one profile references software 
engineering and the second data analytics. The Petitioner's declaration of its requirements is not 
corroborated in the record with the information provided; rather the information raises questions 
regarding whether the profiled employees perform the same or similar duties as the proposed position. 
The record is insufficient to establish this criterion. 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to 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 in a specific specialty, or its 
equivalent. 
We have carefully reviewed the duties of the proposed position. The Petitioner in this matter has 
provided a consistent, informative, and detailed description of the proposed duties of this position. 
The Petitioner provided evidence of its business operations and explained the Beneficiary's role within 
those operations. The proposed duties, when reviewed within the context of the Petitioner's overall 
business operations, include duties sufficiently complex and specialized that a bachelor's degree in a 
specific specialty would be required to perform them. The record is sufficient to demonstrate that 
more likely than not the duties of the position require a "body of highly specialized knowledge" 
attained through a precise and specific course of study at the bachelor's level that relates directly and 
closely to the proffered position. 
When viewed in its totality, the record establishes, that more likely than not, 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 in a specific specialty, or its equivalent. The 
record is also sufficient to establish that the position proffered here actually requires the theoretical 
and practical application of a body of highly specialized knowledge and the attainment of a 
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baccalaureate or higher degree in a specific specialty as the minimum for entry into the occupation as 
required by the Act. 
ORDER: The appeal is sustained. 
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