sustained H-1B Case: Telecommunications

identifying data &let& to 
prevent clearly unwmted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: WAC 04 254 52088 Office: CALIFORNIA SERVICE CENTER Date: 4@ 2 fj qqf 
PETITION: 
 Petition for a Nonirnmigrant 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 materials have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
& Robert *d"v P. Wiemann, Dire r 
- 
Administrative Appeals office 
WAC 04 254 52088 
Page 2 
DISCUSSION: The service center diiector denied the nonirnmigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal will be sustained. The petition will be 
approved. 
The petitioner is a provider of telecommunications services. It seeks to employ the beneficiary as a chief 
financial officer and to classify him as a nonirnrnigrant worker in a specialty occupation pursuant to section 
lOl(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(15)(H)(i)(b). 
The director denied the petition on the ground that the record failed to establish that the proffered position 
qualifies as a specialty occupation. 
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. 
As provided in 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: 
(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. 
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 evidence (RFE); (3) the petitioner's response to the RFE; (4) the notice of decision; 
and (5) Form I-290B, an appeal brief, and supporting materials. The AAO reviewed the record in its 
entirety before issuing its decision. 
WAC 04 254 52088 
Page 3 
The petitioner describes itself as a telecommunications company, established in 1999, that provides 
cellular and related telephone services in Guam and the Commonwealth of the Northern Marianas. The 
petitioner states that it has twelve employees, earned gross revenues of approximately $5.5 million in 
2003, and because of the company's rapid growth needs to hire a chief financial officer. The duties of the 
proffered position are described as follows in the petitioner's response to the RFE: 
Conducts audits for management to assess effectiveness of controls, accuracy of financial 
records, and efficiency of operations: Examines records of departments and interviews 
workers to ensure recording of transactions and compliance with applicable laws and 
regulations. Inspects accounting system to determine their efficiency and protective 
value. Reviews records pertaining to material assets, such as equipment and building, 
and staff to determine degree to which they are utilized. Analyzes data obtained for 
evidence of deficiencies in controls, duplication of effort, extravagance, fraud, or lack of 
compliance with laws, government regulations, and management policies or procedures. 
Prepares reports of findings and recommendations for management. Conducts special 
studies for management, such as those required to discover mechanics of detected fraud 
and to develop controls for fraud prevention. Supervises the following functions and 
loyees who perform these functions for 
an affiliate. 
1. Vendor contracts with Motorola and others for network research, development, and 
maintenance. 
2. Federal Communications Commission regulatory compliance. 
The beneficiary's job duties as a percentage of time are: 
Cash and investment management. 
 25 % 
Terms, pricing and credit review. 
 15% 
Product selection. 5% 
Tax and financial compliance issues. 
 30% 
Customer and vendor financial relationship issues. 
 15% 
Strategic planning. 10% 
The beneficiary is qualified for the proffered position, the petitioner indicates, by virtue of his bachelor of 
science in commerce, with a major in accounting, from De La Salle University in Manila, the Philippines, 
granted on August 27, 1983. 
In his decision the director found that while some of the duties of the proffered position reflect those 
performed by financial analysts, accountants, or auditors, as described in the Department of Labor 
(D0L)'s Occupational Outlook Handbook (Handbook), they appeared to be incidental to the primary 
WAC 04 254 52088 
Page 4 
duties of the position, which more closely resembled those of an administrative officer or a bookkeeping, 
accounting, or auditing clerk. Those positions, as indicated in the Handbook, do not qualify as specialty 
occupations. Based on the evidence of record, the director determined that the petitioner did not have the 
organizational complexity or the financial staff to support the position of a chief financial officer. The 
director also determined that the petitioner failed to show that a degree requirement is common to the 
petitioner's industry in parallel positions among similar organizations; that the petitioner has in the past 
required a degree in a specific specialty for the position; or that the position is so unique and specialized, 
or its duties so specialized and complex, that a baccalaureate degree or equivalent knowledge in a specific 
specialty is required. 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. 5 214.2(h)(4)(iii)(A). 
On appeal counsel asserts that the beneficiary will be performing financial accounting and analysis for a 
multi-million dollar enterprise, will function at the senior management level, and will direct outside 
accountants and financial services personnel when such services are needed. Counsel points to the 
beneficiary's prospective salary of $80,00O/year as a further indication of his senior management and 
1 
professional status. 
 Counsel submits copies of service and purchase agreements it has with three other 
telecommunications providers, which must be analyzed and managed by the chief financial officer, as 
additional evidence of the demanding nature of the proffered position and its qualification as a specialty 
occupation. 
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 1151, 1165 (D.Minn. 1999) (quoting HirNBlaker 
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, as well 
as the petitioner's past hiring practices for the position. See Shanti, Inc. v. Reno, id., at 1165-66. 
The AAO does not agree with the director that the duties of the proffered position are primarily those of 
an administrative officer, or of a bookkeeping, accounting, or auditing clerk. The AAO determines that 
the duties of the position accord with the Handbook's general occupational category of financial manager, 
and more particularly the sub-category of controller. 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 . . . . 
The duties of financial managers vary with their specific titles, which include controller, 
treasurer or finance officer, credit manager, cash manager, and risk and insurance 
manager. Controllers direct the preparation of financial reports that summarize and 
The petitioner's certified labor condition application (LCA) states that the proffered position will be 
paid at the rate of $32.3 l/hour, which extrapolates to approximately $67,000 over a 52-week year. 
WAC 04 254 52088 
Page 5 
forecast the organization's financial position, such as income statements, balance sheets, 
and analyses of future earnings or expenses. Controllers also are in charge of preparing 
special reports required by regulatory authorities. Often, controllers oversee the 
accounting, audit, and budget departments . . . . 
The record includes copies of the petitioner's federal income tax returns for 2002 and 2003, which record 
gross receipts for those years of $3,150,594 and $5,527,979, respectively. These tax returns are 
persuasive evidence of the petitioner's claim that the business is growing. The petitioner's organizational 
chart places the proffered position directly subordinate to the general manager and on the same 
hierarchical level as two engineering managers and a product-specific engineer. The documentation of 
record includes evidence of the petitioner's business transactions, cooperative agreements and contracts 
with other companies in the telecommunications industry, and general business records. Based on the 
evidence of record - including documentation of the petitioner's organizational structure, the volume of 
business it transacts, and the duties described by the petitioner - the AAO determines that the beneficiary 
will be performing the services of a financial manager - in particular, a controller - in the proffered 
position. 
With respect to the educational requirements of financial managers, including controllers, the Handbook 
states as follows: 
A bachelor's degree in finance, accounting, economics, or business administration is the 
minimum academic requirement for financial managers. 
Id. Based on the foregoing information, The AAO concludes that the proffered position qualifies as a 
specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l). 
As provided in 8 C.F.R. 5 214.2(h)(4)(iii)(C), the beneficiary must meet one of the following criteria to 
qualify to perform services in a specialty occupation: 
(1) 
 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, and/or 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. 
WAC 04 254 52088 
Page 6 
The record includes copies of the beneficiary's academic degree and transcript showing that he earned a 
bachelor of science in commerce, with a major in accounting, from De La Salle University in Manila, the 
Philippines, on August 27, 1983. The record also includes a report from an educational evaluation and 
assessment service in Miami Beach, Florida, declaring that the beneficiary's degree is equivalent to a 
bachelor of business administration in accounting from an accredited college or university in the United 
States. 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. 3 214.2(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. 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 3 1361. 
The petitioner has met that burden. Accordingly, the AAO will sustain the appeal and approve the petition. 
ORDER: 
 The appeal is sustained. The petition is approved.