dismissed H-1B Case: Education

identifying data Qlcted to 
tpvent clearly unw8~rtanted 
invasion of pasonal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W ., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
 @ 
4. 
FILE: SRC 05 002 543 12 Office: TEXAS SERVICE CENTER Date: HAR 3 0 2006 
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. $ 1 10 l(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 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 
SRC 05 002 54312 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and- the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition yill 
be denied. 
The petitioner is a private school and seeks to employ the beneficiary as an information technology teacher. The 
petitioner 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief stating that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section I0 1 (a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 10 1 (a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 11 84(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 term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n 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, 
engneering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires tEe 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. 
Pursuant to 8 C.F.R. 9 214.2(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; 
SRC 05 002 543 12 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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) the 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 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
 , 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an information technology teacher in a private school. 
Evidence of the beneficiary's duties includes the Form 1-129 petition with attachment and the petitioner's 
response to the director's request forevidence. According to this evidence the beneficiary would: 
Prepare and provide students with course objectives and technical support in school computer lab 
following curriculum guidelines; 
Provide staff with technical support; 
Assign and coordinate computer work projects; 
Maintain order in the computer lab; 
Review students' completed computer programs to ensure that goals are met; 
Keep attendance and grade records as required by the school; and 
Provide other duties as required by the petitioner. 
The petitioner states that it requires a bachelor's degree for entry into the proffered position, but also notes 
that 5 - 10 years of teaching experience may be substituted for the degree. 
Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation. The AAO routinely consults the Department of Labor's Occupational Outlook 
Handbook (Handbook) for information about the duties and educational requirements of particular 
occupations. The duties of the proffered position are essentially those noted for teachers in a private school 
setting. The Handbook notes that all 50 States and the District of Colombia require public school teachers to 
be licensed. Licensure, however, is not required for teachers in private schools. All States require public 
school general education teachers to have a bachelor's degree and to have completed an approved teacher 
SRC 05 002 543 12 
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training program with a prescribed number of subject and education credits, as well as supervised practice 
teaching. The education and teacher training requirements, however, do not apply to teachers in private 
school settings. Thus, there is no requirement that the beneficiary have a license, teacher training, or a degree 
in any specific specialty to enter into the proffered position. The petitioner has failed to establish the criterion 
listed at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
The petitioner does not assert that a degree requirement is common to the industry in parallel positions among 
similar organizations, and offers ,no evidence in this regard. The petitioner has failed to establish the 
referenced criterion'at 8 C.F.R. fj 214.2(h)(4)(iii)(A)(2). 
The petitioner does not assert that it normally requires a degree for the offered position, and notes that in the 
past, the position was filled by an individual on a part-time basis who did not possess a bachelor's degree. On 
appeal, the petitioner states that it requires its teachers to have a degree. However, it does not submit 
evidence of such degreed status, nor establish that any degree requirement must be in a specific specialty. 
Simply going on the record without supporting documentary evidence is not sufficient for purposes of 
meeting the burden of proof in these proceedings. Matter of Sofici, 22 I&N Dec. 158, 165 (Comm. 1998) 
(citing Matter of Treasure Cra9 of California, 14 I&N 190 (Reg. Comm. 1972)). Although the petitioner 
states that it now wishes to employ a teacher with a bachelor's degree, it notes that the requirements for the 
position are a bachelor's degree or 5 - 10 years of teaching experience. Five to ten years of teaching 
experience is not equivalent to a baccalaureate level education. See 8 C.F.R. 214.2(h)(4)(iii)(D)(5). Thus, 
the petitioner has not established the criterion at 8 C.F.R. $214.2(h)(4)(iii)(A)(3). 
Finally, the nature of the specific duties, as described by the petitioner, is not so specialized or complex that 
knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher 
degree in a specific specialty, nor are the duties so complex or unique that they can be performed only by 
individuals with a degree in a specific specialty. The duties to be performed are routine in the industry for 
pre-secondary school teachers in a private setting. The petitioner has failed to establish either of the 
referenced criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) or (4). 
The petitioner has failed to establish that the offered position meets any of the criteria listed at 8 C.F.R. 
9 214.2(h)(4)(iii)(A). 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 and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.