dismissed H-1B Case: Aviation

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington. DC 20520 
U.S. Citizenship 
and Immigration 
Services 
FILE: SRC 04 083 52285 Office: TEXAS SERVICE CENTER Date: SEP 0 2 2005 
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 1 10 1 (a)(l 5)(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 
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DISCUSSION: The director of the service center denied the nonirnrnigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a helicopter training academy that seeks to employ the beneficiary as a ground school 
manager. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant 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. g 1 101 (a)(l 5)(H)(i)(b). 
The director denied the petition on the ground that the proffered position is not a specialty occupation. On 
appeal, counsel submits a brief and additional and previously submitted evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. Q: 1184(i)(li), 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. ij 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(I) A baccalaureate or higher degree sr 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. 
tj 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 
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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 a ground school manager. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's 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 scheduling of ground training courses; assigning ground 
instructors; developing curriculum, training aids, and materials; writing, administering, and grading course 
tests; measuring quality control; allocating classrooms and training aids; assigning tutors for individual or 
remedial instruction; performing performance appraisals of ground instructors; and developing safety alerts. 
The petitioner requires a bachelor's degree, an FAA helicopter pilot's license, an FAA certified flight 
instructor rating, and experience as a flight instructor. 
The director discussed the educational requirements of a pilot as reported in Department of Labor's 
Occupational Outlook Handbook Handbook 's (the Handbook), and stated that the Handbook reveals that this 
occupation does not require a bachelor's degree or its equivalent. The director also addressed the timeliness 
of the instant petition. 
On appeal, counsel asserts that in the Handbook most entrants into a pilot position have a college degree; that 
many employers are now making a college degree an educational requirement; that the Bureau of Labor 
Statistics' (BLS) information confirms this; and that a pilot is a transitional occupation from non-professional 
to professional or specialty occupation status. Counsel discusses the job postings, the letter from TLR 
International Programs, and how this evidence substantiates the requirement of a bachelor's degree for a flight 
instructor. Counsel contends that the petitioner is the only helicopter school in the world that is authorized to 
provide European training outside of Europe, and that offers a combined JAAIFAA course. Counsel 
discusses the proposed duties, stating that they ;Ire more complex than those of a simple pilot or a flight 
instructor, and involve flight training, internaticinal certification issues, extensive training, and academic 
administrative responsibilities. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
214.2(h)(4)(iii)(A). Therefore, the proposed position fails to qualify as a specialty occupation. 
The AAO first turns to the criteria at 8 C.F.R. $4 214.2(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; 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 often 
considered by CIS when determining these criteria include: whether the Hunclbook reports that the industry 
requires a degree; whether the industry's professional association has made a degree a minimum entry 
requirement; and whether letters or affidavits fi-om 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/Bluker Corp. v. Suva, 712 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
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In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. The AAO routinely consults the Hundbook for its information about the 
duties and educational requirements of particular occupations. 
The Handbook discloses that the proposed duties reflect those of a flight instructor. The AAO recapitulates 
here the Handbook text: 
Some pilots are instructors. They teach their students the principles of flight in ground-school 
classes and demonstrate how to operate aircraft in dual-controlled planes and helicopters. A 
few specially trained pilots are "examiners" or "check pilots." They periodically fly with 
other pilots or pilot's license applicants to make sure that they are proficient. 
The Handbook conveys the following educational requirements of pilots and flight instructor: 
All pilots who are paid to transport passengers or cargo must have a commercial pilot's 
license with an instrument rating issued by the FAA. Helicopter pilots must hold a 
commercial pilot's certificate with a helicopter rating. To qualify for these licenses, 
applicants must be at least 18 years old and have at least 250 hours of flight experience. The 
experience required can be reduced through participation in certain flight school curricula 
approved by the FAA. Applicants also must pass a strict physical examination to make sure 
that they are in good health and have 20/:!0 vision with or without glasses, good hearing, and 
no physical handicaps that could impair their performance. They must pass a written test that 
includes questions on the principles of safe flight, navigation techniques, and FAA 
regulations, and must demonstrate their fl:ying ability to FAA or designated examiners. 
The U.S. Armed Forces have always been an important source of trained pilots for civilian 
jobs. Military pilots gain valuable experience on jet aircraft and helicopters, and persons with 
this experience usually are preferred for clvilian pilot jobs. This primarily reflects the 
extensive flying time military pilots receive. Persons without Armed Forces training may 
become pilots by attending flight schools or by taking lessons from individual FAA-certified 
flight instructors. . . . 
Although some small airlines will hire high school graduates, most airlines require at least 2 
years of college and prefer to hire college graduates. In fact. most entrants to this occupation 
have a college degree. Because the number of college educated applicants continues to 
increase, many employers are making a college degree an educational requirement. 
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The Handbook continues: 
Advancement for all pilots usually is limited to other flying jobs. Many pilots start as flight 
instructors, building up their flying hours while they earn money teaching. As they become 
more experienced, these pilots occasionally fly charter planes or perhaps get jobs with small 
air transportation firms, such as air-taxi companies. Some advance to flying corporate planes. 
A small number get flight engineer jobs with the airlines. 
The Handbook reports that employers do not require a bachelor's degree for a pilot or flight instructor. 
Consequently, the petitioner fails to establish the first criterion at 8 C.F.R. 5 214,2(h)(4)(iii)(A): that a 
baccalaureate or higher degree or its equivalent in a specific specialty is the normal minimum requirement for 
entry into the particular position. 
The evidence from TLR International Programs and the BLS does not persuasively demonstrate that the 
proposed position requires a bachelor's degree in a specific specialty. The letter from Mr - of TLR International Programs opines that most flight training schools/colleges and businesses now require 
flight instructors to have a baccalaureate degree irt a discipline such as economics, finance, accounting, and/or 
international business jn addition to requiring flight credentials, instruction certification, or similar 
educational experience. For a position to qualify as a s ecialt occupation, the baccalaureate degree must be 
directly related to the proposed position. Here, Mrmdoes not explain the connection between a 
business degree and the duties of a flight school instructor, and does not cite to or provide evidence to support 
his opinion about the educational requirements of fl~ghf instructors. Golng on record without supporting 
documentary evidence is not sufficient for purposes of meetlng the burden of proof in these proceedings. 
Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craji of California, 
14 I&N Dec. 190 (Reg. Comm. 1972)). 
The American's CareerInfoNet document indicates that a bachelor's degree is required for an airline pilot, 
copilot, and flight engineer; nevertheless, this does not establish that a bachelor's degree in a specrfic 
specialty is required for these occupations. Additionally, this document is contradicted by the Handbook and 
the document entitled "Air Transporation" submitted by the petitioner, both of which state that a bachelor's 
degree is not required for a flight instructor or a pilot. 
The submitted job postings are insufficient to establish the first alternative prong at 8 C.F.R. 
# 214.2(h)(4)(iii)(A)(2), which is that a specific degree requirement is common to the industry in parallel 
positions among similar organizations, as the employers in the postings differ in nature from the petitioner; or 
their identity is not disclosed; or the employers do not require a bachelor's degree in a specific specialty. The 
petitioner is a helicopter training academy with 45 employees and $6,000,000 in revenue. Engineering 
Support Personnel provides simulation and training support for the aerospace industry and the Department of 
Defense; Lockheed Martin is a public corporation; Rocky Mountain College and Central Missouri State 
University are large educational institutions; and Blue Sky is not described in the posting. OK3 Air and 
Aerospace University of North Dakota do not require a bachelorls degree in a specific specialty. For the 
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stated reasons, the postings fail to establish that *a specific degree requirement is common to the industry in 
parallel positions among similar organizations. 
No evidence establishes the second alternative prong at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2): that the proffered 
position is so complex or unique that it can be performed only by an individual with a degree. Counsel 
contends that the petitioner is the only helicopter school in the world that is authorized to provide European 
training outside of Europe, and that it offers a combined JAAIFAA course. Counsel further claims that the 
proposed duties are more complex than those of a simple pilot or a flight instructor as they involve flight 
training, international certification issues, extensive training, and academic administrative responsibilities. 
Yet the Handbook reveals that the proposed duties parallel those of a flight instructor, which is an occupation 
that does not require a bachelor's degree in a specific specialty. The proposed position entails providing a 
JAA course, but no evidence reveals that the course would be so complex or unique as to require the 
Instructor to have a baccalaureate degree in a specific specialty. Accordingly, the proposed position does not 
have such complexity or uniqueness as to require a baccalaureate degree in a specific specialty. 
No evidence establishes the criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3): that the petitioner normally requires 
a degree or its equivalent for the position. 
To establish the fourth criterion at 8 C.F.R. 9: 2 14.2(h)(4)(iii)(A) the petitioner must show 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. As discussed 
earlier, the Hundbook reveals that the proposed duties parallel those of a flight instructor, which is an 
occupation that does not require a bachelor's degree in a specific specialty. Even though the proposed 
position involves a JAA course, no evidence demonstrates that a JAA course requires specialized and 
complex knowledge that is beyond that of an FAA course taught by flight instructors in the United States. 
Consequently, the petitioner fails to establish the fourth criterion at 8 C.F.R. 4 214.2(h)(4)(iii)(A). 
As related in the discussion above, the petitiorler has failed to establish that the proffered position is 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. 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.