sustained H-1B Case: Investment Relations

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 03 090 53400 Office: VERMONT SERVICE CENTER Date: 1 2 ,'I, .* 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
IdentiQi~g d 'Pa dlPeted to 
prevent ~1::: .J &.- -, , ~~rrrnM 
invmion of pema~~l privacy 
EAC 03 090 53400 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant 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 a foreign and domestic trade relations company seeks to employ the beneficiary as the 
managing director of the investment division. The petitioner, therefore, endeavors to classify the beneficiary as 
a nonirnmigrant worker in a specialty occupation pursuant to section lOl(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 additional evidence and previously submitted evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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. 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; 
(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. 
5 214.2(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 
EAC 03 090 53400 
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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 the managing director of the investment division. 
Evidence of the beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; 
the company 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 collecting and analyzing information about the 
Russian economy such as macroeconomic indicators, competition, markets, legislation, and business 
opportunities; selecting and analyzing investment projects in Russia for potential foreign investors; updating 
information on existing investment projects; creating presentations for foreign investors; organizing 
negotiations between foreign investors and Russian companies; assisting investors in managing their 
investments; providing consulting services to companies interested in investing in Russian companies. The 
petitioner stated that a candidate for the proffered position must possess a bachelor's degree in economics, 
business, or foreign affairs as well as have significant experience working with Russian companies and 
markets. 
The director determined that the proffered position was not a specialty occupation. According to the director, 
the petitioner submitted a list of two persons in managerial positions. One employee held a master's degree 
in finance; the other a master's degree in economics. The director stated that this evidence would normally 
indicate that the company has a minimum degree requirement for managers; however, CIS records indicated 
that the director of investment and research obtained his employment through a change of status to the H-1B 
classification. Therefore, the director concluded that one person with a degree in finance did not show that 
the company has a minimum educational requirement for the proffered position, and the submitted postings 
did not establish an industry-wide standard of a specific baccalaureate degree requirement. According to the 
director, the submitted evidence from the Department of Labor's Occupational Outlook Handbook (the 
Handbook) about a chief financial manager was not analogous to the proffered position. Finally, the director 
stated that a three-person office would not be able to support two managerial positions. 
On appeal, counsel states that the director's decision has no basis in law or fact. Counsel contends that the 
petitioner did not contrive a degree requirement to satisfy H-1B regulations for the instant petition or the 
previously approved petition for a former employee. Referring to a March 24, 2003 letter from the petitioner 
in which it requested that CIS withdraw the H-1B petition for the latter employee, counsel states that the 
petitioner has a sufficient workload for the beneficiary and maintains that the two positions were never 
duplicative. Counsel states that the petitioner has traditionally required a specific bachelor's degree for the 
proffered position, and that the Act does not limit companies in their number of H-1B petitions. Counsel 
maintains that the director erroneously compared the duties of the proffered position to a chief financial 
officer. According to counsel, the proffered position falls under the "financial manager" classification in the 
Handbook that includes many occupations such as controller, treasurer, finance officer, cash manger, and 
branch manager, and stresses that it describes financial managers as playing a role in global expansion and 
finance, areas requiring specialized knowledge to reduce risks and maximize profit. Citing Unico American 
Corp. v. Watson, 1991 WL 11002594 (C.D. Cal. March 19, 1991), counsel states that CIS "should give 
deference to the employer's view," and "consider fully the employer's evidence and should not rely simply on 
EAC 03 090 53400 
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standardized government classification systems." Counsel contends that the director did not address the 
duties of the proffered position, and misread the regulations and Handbook. Counsel narrates the duties of the 
proffered position, stating that the beneficiary will work directly with the executive director to research, 
develop, promote, and stimulate trade and economic projects between Europe, the United States, and the 
Russian Federation. According to counsel, the petitioner has demonstrated that the degree requirement is 
common to the industry in parallel positions, and asserts that the director's reasoning about the job postings is 
inconsistent with the court's decision in Young China Daily v. Chappel, 742 F. Supp. 552 (N.D. Cal. 1989) 
that the size of the operation bears no rational relationship to the need for a professional. Counsel asserts that 
the beneficiary will perform complex investment and market analysis, and will research trade and economic 
indicators to predict future growth and avenues for investment. 
Upon review of the record, the petitioner has established that the proffered position qualifies as a specialty 
occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(1): a baccalaureate or higher degree or its equivalent is 
normally the minimum requirement for entry into the particular position. 
According to the Handbook, the proffered position would be performed by a financial analyst, not a financial 
manager. The Handbook states: 
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 project future earnings. They often meet with company officials to gain a better 
insight into a company's prospects and to detennine the company's 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 actually make the decision to buy or sell for the company or 
client if they are the ones responsible for managing the assets. Other analysts use the data to 
measure the financial risks associated with making a particular investment decision. 
The Handbook reports that 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. Consequently, the 
petitioner's requirement of a baccalaureate degree in economics is reasonable. The proffered position, 
therefore, qualifies as a specialty occupation. 
EAC 03 090 53400 
Page 5 
The evidentiary record shows that the beneficiary holds the equivalent to a U.S. bachelor of arts degree in 
economics with a minor in finance. Thus, the beneficiary is qualified to perform the duties of the proffered 
position. 
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.