dismissed H-1B Case: Flight Training

U.S. Department of Homeland Security 
20 Mass Ave.. N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 04 085 52443 Office: TEXAS SERVICE CENTER Date: SEP- 1: 1 2005 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 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, Director 
Administrative Appeals Office 
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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 dismissed. The petition will be 
denied. 
The petitioner is a helicopter training academy that seeks to employ the beneficiary as a director of flight 
training. The petitioner, therefore, endeavors to classifji 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. 
§ 1 10 l(a)(l5)(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. 9 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. 8 214.2(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 
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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 director of flight training. 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 ensuring that day-to-day flight standards and procedures, 
flight instructor training, and standardization in helicopter flight training exercises follow joint aviation 
authority flight crew licensing requirements; conducting progress testing of students; assessing students that 
have unsatisfactory progress and recommending remedial programs for them; liaising with air traffic control 
regarding traffic procedures and operating areas, and with relevant parties about noise abatement; and 
ensuring safe and expedient operation of helicopters. The petitioner requires a bachelor's degree or its 
equivalent in flight training education for the proposed position. 
According to the director, the submitted evidence did not any of the criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
The director discussed the qualifications of a pilot, as described in the Department of Labor's (DOL) 
Occupational Outlook Handbook Handbook (the Handbook). The director stated that a bachelor's degree or 
its equivalent is not required for the proposed position. 
On appeal, counsel asserts that a supplemental letter from the petitioner and the report from TLR Specialties 
confirm that the proposed position qualifies as a specialty occupation. Counsel states that the director only 
considered the position of a pilot as described in the Handbook, overlooking that the proposed position is not 
simply a pilot: it is the head of training. Counsel asserts that the director referenced the Handbook's 
information about pilots, which reports that most entrants to this occupation have a college degree and that 
many employers are making a college degree an educational requirement. According to counsel, the 
Handbook shows that a pilot is an occupation "in transition,'' requiring a bachelor's degree; and information 
from the Bureau of Labor Statistics (BLS) substantiates this. Counsel refers to the Career Guide for 
Industries (CGI), America's Job Bank, Careerinfonet, and the DOL's website to show that the proposed 
position is a specialty occupation. Counsel points to the TLR International Programs evaluation and internet 
job postings to demonstrate that a bachelor's degree has come to be the industry norm for a director of flight 
training and similar occupations. Counsel contends that the petitioner is the only helicopter school in the 
world authorized to provide European training outside of Europe, and that offers students a combined 
JAA/FAA course. Counsel states that the general JAA training differs froin requirements for the U.S. ratings; 
and that only certified flight instructors holding European and U.S. certification guide and train students. 
Counsel discusses the petitioner's management staff and the proposed duties. According to counsel, the 
school's accrediting agency, the Accrediting Commission of Career Schools and Colleges of Technology 
(ACCSCT), reviews the credentials of senior management staff. Counsel states that ACCSCT would look 
unfavorably if the petitioner employed a person that did not possess a bachelor's degree as a director of flight 
training. Counsel states that the chief flight instructors at Flight Safety International and Embry Riddle 
Aeronautical University possess a bachelor's degree. According to counsel, the proposed position involves 
extensive management type responsibilities, and is more than a "pilot" or a "flight instructor." Counsel 
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maintains that by comparing the petitioner to an airline school the director overlooked the petitioner's 
uniqueness. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 214.2(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. $5 214.2(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 Handbook 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/Blaker Corp. v. Suva, 712 F. Supp. 1095,1102 (S.D.N.Y. 1989)). 
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 Handbook for its information about the 
duties and educational requirements of particular occupations. 
Counsel states that the proposed position is more than a pilot, as it is the head of training; that the Handbook 
shows that a pilot is an occupation "in transition," requiring a bachelor's degree; and that information from 
the BLS, the CGI, America's Job Bank, CareerInfonet, and the DOL's website shows that the proposed 
position is a specialty occupation. 
The AAO finds that the evidence is not persuasive in establishing that the proposed position is a specialty 
occupation. The Handbook discloses that the proposed duties reflect those of a flight instructor, and the AAO 
sets forth 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 instructors: 
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, 
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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 20120 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 flying 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 civilian 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. 
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 certification and experience or two years of college are acceptable for entry into a 
position as a pilot or a flight instructor; thus, a bachelor's degree is not required for these occupations. The 
Handbook does not suggest that a flight instructor, which corresponds to the proposed position, is a 
transitional occupation requiring a bachelor's degree. 
The document from American's CareerInfoNet does not convey that a bachelor's degree in a speczjc 
specialty, such as flight training education, is required for an airline pilot, copilot, and flight engineer; and the 
AAO notes that the document does not discuss the occupation of a flight instructor. Both the Handbook and 
the document entitled "Air Transporation" convey that employers do not require a bachelor's degree in a 
specific specialty for a flight instructor. CGl's information about pilots mirrors that of the Handbook, 
conveying that a bachelor's degree is not required for a pilot; CGI does not discuss flight instructors. CGI 
relays: 
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Pilots must have a commercial pilot's license with an instrument rating, and must be certified 
to fly the types of aircraft that their employer operates. For example, helicopter pilots must 
hold a commercial pilot's certificate with a helicopter rating. Pilots receive their flight 
training from the military or from civilian flying schools. . . . In addition, airlines generally 
require 2 years of college and increasingly prefer or require a 4-year college degree. Pilots 
who work for smaller airlines may advance to flying for larger companies. They also can 
advance from flight engineer to copilot to captain and, by becoming certified, to fly larger 
planes. 
Although counsel refers to the DOL7s website and America's Job Bank to show that a flight instructor is a 
specialty occupation, counsel does not indicate where to find this on the DOL web page, and also does not 
specifically cite America's Job Bank. Going on record without supporting documentary evidence is not 
sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Soffici, 22 I&N Dec. 
158, 165 (Cornm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 
1 972)). 
For the reasons set forth above, 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. 
No evidence in the record supports counsel's statement that ACCSCT would look unfavorably upon the 
petitioner if it employed a person that did not possess a bachelor's degree as a director of flight training. The 
statements of counsel on appeal or in a motion are not evidence and thus are not entitled to any evidentiary 
weight. See INS vs. Phinpathya, 464 U.S. 183, 188-89 n.6 (1984); Matter of Ramirez-Sanchez, 17 I&N Dec. 
503 (BIA 1980). Equally important, counsel does not assert that the ACCSCT has established that a 
bachelor's degree is required for the proposed position. 
The evidence from TLR International Programs and the BLS is submitted to establish that the proposed 
position requires a bachelor's degree in flight training education. The letter from Mr. of 
TLR International Programs states that most flight training schools/colleges and businesses now require 
directors and flight instructors to have at least a baccalaureate degree in a discipline such as economics, 
finance, accounting, and/or international business; in addition to requiring flight credentials, and instruction 
certification; or they require similar experience and certification. 
This evidence is not persuasive, however. M-fails to explain the connection between the field of 
business and the proposed position. To qualify as a specialty occupation, the Act and regulations require that 
the baccalaureate degree be in a specific specialty that is directly related to the proposed position. Mr. 
oes not cite to or provide evidence to support his opinion about the educational requirements of 
directors and flight instructors. Going on record without supporting documentary evidence is not sufficient 
for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 
(Cornrn. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Nor 
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does ~r.-onfirm that a bachelor's degree in flight training, which is the petitioner's educational 
requirement, is required for the proposed position. 
The first alternative prong at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(2) requires that the petitioner establish that a 
specific degree requirement is common to the industry in parallel positions among similar organizations. The 
submitted job postings fail to establish this criterion. The employers in the postings either differ in nature 
from the petitioner, a helicopter training academy with 45 employees and $6,000,000 in revenue; or the nature 
of the employers is not disclosed; or the employers do not require a bachelor's degree in a specific specialty. 
Engineering Support Personnel provides simulation and training support for the aerospace industry and the 
Department of Defense; Lockheed Martin is a publicly-traded corporation; Rocky Mountain College and 
Central Missouri State University are large educational institutions; and the documents from CareerBuilder 
(one posting seeks a teacher and the other seeks a Chief and or QAR) do not describe the employer. OK3 Air 
and Aerospace University of North Dakota do not require a bachelor's degree in a specific specialty. For 
these reasons, the postings fail to establish that a specific degree requirement is common to the industry in 
parallel positions among similar organizations. 
The AAO notes that although counsel claims that the chief flight instructors at Flight Safety International and 
Embry Riddle Aeronautical University possess a bachelor's degree, no evidence in the record substantiates 
this. The statements of counsel on appeal or in a motion are not evidence and thus are not entitled to any 
evidentiary weight. See INS vs. Phinpathya, 464 U.S. 183, 188-89 n.6 (1984); Matter of Ramivez-Sanchez, 
17 I&N Dec. 503 (BIA 1980). 
No evidence establishes the second alternative prong at 8 C.F.R. 9 214.2(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 
asserts that the petitioner is the only helicopter school in the world that is authorized to provide European 
training outside of Europe, and that offers students a combined JAAIFAA course. Counsel claims that by 
comparing the petitioner to an airline school the director overlooked the petitioner's uniqueness. According to 
counsel, the proposed position involves extensive management type responsibilities, and is more than a 
"pilot" or a "flight instructor." 
As discussed earlier, 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 flight training education. Although the proposed 
position has some administrative duties and involves training in the JAA, no evidence reveals that the 
proposed duties and JAA training are so complex or unique as to require the director of flight training to have 
a baccalaureate degree in flight training education. The petitioner therefore fails to establish the second 
alternative prong at 8 C.F.R. Cj 214.2(h)(4)(iii)(A)(2). 
No evidence establishes the criterion at 8 C.F.R. 3 214.2(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. tj 214.2(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 
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associated with the attainment of a baccalaureate or higher degree in a specific specialty. As discussed 
already, the Handbook discloses 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 providing JAA training, there is no evidence that shows that this 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 last criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A). 
As related in the discussion above, the petitioner 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.