sustained H-1B Case: Moving And Storage

identifying data deletd to 
prevent clearly unwarranted 
invasion of personal plivacy 
PUBLIC COPY 
U.S. Department of Ilomeland Security 
20 Massachusetts Ave. N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 259 50020 Office: CALIFORNIA SERVICE CENTER Date: AUG 2 9 2006' 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 1 10 1 (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, Chief 
Administrative Appeals Office 
WAC 04 259 50020 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, California Service Center, and is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will 
be approved. 
The petitioner is a full service moving and storage company that specializes in long distance relocations and in- 
transit and overnight storage of hgle and valuable items. It desires to employ the beneficiary temporarily in the 
United States as a comptroller, at a salary of $62,400 per year, for three years. The director determined that the 
petitioner did not establish that the proffered position qualifies as a specialty occupation as enumerated in the 
regulations at 8 C.F.R. §214.2@)(4)(iii)(A). 
Counsel submits a brief in support of the appeal. In his brief, counsel states that the petitioner has demonstrated 
that the nature of the duties are so specialized and complex that the knowledge required to perform these duties is 
usually associated with the attainment of a baccalaureate or higher degree. 
Section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 lOl(a)(lS)(H)(i)(b), 
defines an H-1 (b) temporary worker as: 
an alien . . . who is coming temporarily to the United States to perform services in a specialty 
occupation described in section 214(i)(l) . . . and with respect to whom the Secretary of Labor 
determines and certifies to the Attorney General that the intending employer has filed with the 
Secretary an application under section 212(n)(l). . . . 
Section 214(i)(l) of the Act, 8 U.S.C. fj 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. 
Similarly, the regulation at 8 C.F.R. fj 2 14.2(h)(4)(ii) provides that: 
Specialty occupation means 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. 
The regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A) establishes four standards, one of which an occupation must 
meet to qualify as a specialty occupation: 
WAC 04 259 50020 
Page 3 
(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 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. 
CIS interprets the term "degree" in the criteria at 8 C.F.R. fj 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 I-290B and supporting documentation; (2) the 
director's denial letter; (3) the director's request for additional evidence; (4) the petitioner's response to the 
director's request; and (5) Form 1-129 and supporting documentation. The AAO reviewed the record in its 
entirety before issuing the decision. 
The petitioner is seeking the beneficiary's services as a comptroller. In determining whether a position 
qualifies as a "specialty occupation" for purposes of the nonimmigrant H-1B visa, CIS will examine whether 
there is a general requirement of specialized study for the position, coupled with whether the position has 
complex and discretionary duties normally associated with the position. Shanti, Inc. v. Reno, 36 F. Supp. 2d 
1151, 1165 (D. Minn. 1999). 
The duties of the proffered position are described as follows in the petitioner's response to the RFE: 
Monitor the company's performance in each of the areas of service and provide reports to the company's 
president with recommendations for growth and improvement. 
Oversee the company's budget. 
Audit the day-to-day expenditures and income. 
Provide monthly reports to the president. 
Make recommendations to the president on changes to business practices to increase the production and 
efficiency of the company. 
Monitor and make recommendations on marketing strategies and budgeting for advertising. 
Research investment opportunities and work with the company's certified public accountant to 
coordinate investments with tax planning. 
Develop and implement a financial plan. 
Provide for investment and capital reserves. 
WAC 04 259 50020 
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In his decision the director found that some of the duties of the proffered position reflect those performed by a 
financial analyst, as described in the Department of Labor @OL)'s Occupational Outlook Handbook 
(Handbook). The director stated that this position, as indicated in the Handbook, qualifies as a specialty 
occupation. However, based on the evidence of record, the director determined that the petitioner did not engage 
in the type of the business that requires a financial analyst and have substantial capital of its own to invest. The 
director also determined that the petitioner failed to show that its business could utilize the beneficiary as a 
financial analyst. The director concluded that the proffered position does not qualify as a specialty occupation 
under any of the criteria enumerated at 8 C.F.R. 9 214.2@)(4)(iii)(A). 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, CIS 
routinely consults the DOL Handbook, supra, as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether the Handbook 
indicates a degree is required by the industry; whether the industry's professional association has made a 
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 115 1, 1165 (D.Minn. 1999) (quoting Hird/Blaker Corp. v. Suva, 712 F.Supp. 1095, 1102 
(S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the position at issue, with the 
Handbook's occupational descriptions as a reference whether the degree requirement is common in the 
industry in parallel positions among similar organizations and the petitioner's past hiring practices for the 
position. See Shanti, Inc. v. Reno, at 1165-66. 
The AAO does not agree with the director that the duties of the proffered position are primarily those of a 
financial analyst. The AAO determines that the duties of the position accord with the Handbook's general 
occupational category of financial managers, and more particularly the sub-category of finance officers. As 
described in the Handbook, 2006-07 edition: 
Almost every firm, government agency, and other type of organization has one or more financial 
managers who oversee the preparation of financial reports, direct investment activities, and 
implement cash management strategies . . . . 
Treasurers and finance officers direct the organization's financial goals, objectives, and budgets. 
They oversee the investment of funds, manage associated risks, supervise cash management 
activities, execute capital-raising strategies to support a firm's expansion, and deal with mergers 
and acquisitions. 
The record includes copies of the petitioner's bank statements for the periods ending September 30, October 3 1, 
and November 30, 2004, respectively, whch show deposits totaling $502,954.17. The petitioner's Quarterly 
Report of Gross Operating Revenue for the period January 1,2004 to September 30, 2004 shows income from 
interstate services of $514,137.00. These statements are persuasive evidence of the petitioner's claim of business 
expansion. Counsel also states that the petitioner's employees and contract personnel totals 60 individuals. A list 
of the individuals providing contract services to the petitioner and copies of their W-9 forms are contained in the 
record of proceeding. Based on the evidence of record, the petitioner's business transactions, bank statements, 
quarterly reports and the beneficiary's duties as described by the petitioner, the AAO determines that the 
WAC 04 259 50020 
Page 5 
beneficiary will be performing the services of a financial manager, in particular, a finance officer, in the proffered 
position. 
With respect to the educational requirements of financial managers, including finance officers, the Handbook 
states as follows: 
A bachelor's degree in finance, accounting, economics, or business administration is the 
minimum academic requirement for financial managers. 
Based on the foregoing information, the AAO concludes that the proffered position qualifies as a specialty 
occupation under 8 C.F.R. $ 2 14.2(h)(4)(iii)(A)(I). 
The record includes copies of the beneficiary's academic degree and transcript showing that she earned a 
Bachelor of Arts degree in economics and management, from Tel-Hai Academic College in Israel, on May 
20, 2004. The record also includes a report from Educational Records Evaluation Service, an educational 
evaluation and assessment service in Sacramento, California, declaring that the beneficiary's degree is 
equivalent to a bachelor's degree with a double major in economics and management. Based on the foregoing 
documentation, the AAO determines that the beneficiary is qualified to perform services in the specialty 
occupation, in accordance with 8 C.F.R. $ 214.2(h)(4)(iii)(C)(2). 
Thus, the record establishes that the proffered position is a specialty occupation and that the beneficiary is 
qualified to perform the services of that occupation. 
Citizenship and Immigration Services' (CIS) records reflect that the beneficiary may have overstayed her 
I 
previous visa status and may be ineligible for a change of status to H-1B. This issue is not before the AAO. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. fj 1361. 
The petitioner has met that burden. Accordingly, the AAO will sustain the appeal. 
ORDER: The appeal is sustained. The petition is approved.