remanded H-1B Case: Athletics

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 'bZ 
FILE: LIN 04 232 575 1 1 Office: LINCOLN SERVICE CENTERDate: 8 7 2QIIF 
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. 8 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 The director's decision will be withdrawn and the 
petition remanded for entry of a new decision. 
The petitioner is a research university that seeks to employ the beneficiary as an assistant women's tennis 
coach. The petitioner, therefore, endeavors to classify the beneficiary as a nonirnrnigrant worker in a specialty 
occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 101 (a>(l5>(H>(i>(b>. 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief, supplemental briefs, and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 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. 5 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(I) A baccalaureate or higher degree 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. 
§ 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, a brief, supplemental briefs, and additional evidence. The AAO 
reviewed the record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as assistant women's tennis coach. 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 promoting the philosophy and objectives of the athletics 
program; assisting with scouting and recruiting student-athletes; coaching student-athletes which includes 
evaluating their performance in practice and competition and providing leadership and instruction in 
deficiencies and monitoring their conditioning and training; assisting in planning and administering the off- 
season training program; counseling team members in academic, disciplinary, and personal matters; 
participating in collecting and analyzing tactical and statistical data about opponent teams and assisting in 
designing game plans and strategies; attending preparatory meetings and implementing the strategies 
developed during the meetings; advising and counseling student-athletes to comply with financial aid rules 
and regulations; and assisting in monitoring student-athletes' academic progress and eligibility status. For the 
proposed position the petitioner requires a bachelor's degree and relevant experience. 
The director determined that the proffered position is not a specialty occupation. Referring to the Department 
of Labor's Occupational Outlook Handbook (the Handbook), the director stated that it reveals that the 
proposed position is similar to a sports coach, and that that occupation does not require a bachelor's degree in 
a specific specialty. The director found the submitted job postings unpersuasive in establishing that the 
proposed position qualified as a specialty occupation. The director further found that the petitioner does not 
require a bachelor's degree in a specific specialty for the proposed position. According to the director, the 
proposed duties do not require a baccalaureate or higher degree as they are not complex, unique, or 
specialized. 
On appeal, counsel states that the submitted job postings, information from the National Collegiate Athletic 
Association (NCAA) website, and letters reflect that the proposed position requires a bachelor's degree, 
thereby qualifying it as a specialty occupation. Counsel asserts that neither the Act nor the regulations state 
that a coaching position requires a degree in coaching. According to counsel, universities and colleges do not 
offer a baccalaureate degree in coaching. Counsel asserts that the director ignored the regulatory language 
that allows for the equivalent of a baccalaureate degree when a specific degree is not available in a field. 
Counsel discusses how the beneficiary's experience and bachelor's degree in business administration will be 
usehl in carrying out her duties. Counsel states that an Oregon district court decision indicates that CIS does 
not have the authority to impose its own definition of a specialty occupation. Counsel refers to pnor AAO 
decisions to show that the proposed position qualifies as a specialty occupation. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.F.R. 
$ 214.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
The fourth criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A) requires that the petitioner establish 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. As described by the petitioner, the 
proposed duties are specialized and complex, requiring knowledge that is associated with a baccalaureate 
degree or higher in a specific specialty. Although counsel asserts that universities and colleges do not offer a 
baccalaureate degree in coaching, the Handbook, a resource that the AAO routinely consults regarding the 
educational requirements of particular occupations, indicates that "degree programs specifically related to 
coaching include exercise and sports science, physiology, kinesiology, nutrition and fitness, physical 
education, and sports medicine." Baccalaureate degrees in these specialties are appropriate for the proposed 
position; a baccalaureate degree in business is not suitable because the primary duties of the proposed position 
are not related to business.' The petitioner has established that the proposed position qualifies as a specialty 
occupation. 
The petition may not be approved, however, as the evidence in the record is insufficient to demonstrate that 
the beneficiary is qualified to perform the proposed position, which requires a baccalaureate degree in 
exercise and sports science, physiology, kinesiology, nutrition and fitness, physical education, sports 
medicine, or a related field. As the director did not address this issue, the petition will be remanded in order 
to allow the director to determine whether the beneficiary is qualified to perform the services of the specialty 
occupation. The director may afford the petitioner reasonable time to provide evidence pertinent to the issue 
of whether the beneficiary is qualified to perform the duties of an assistant women's tennis coach, and any 
other evidence the director may deem necessary. The director shall render a new decision based on the 
evidence of record as it relates to the regulatory requirements for eligibility. The burden of proving eligibility 
for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 3 1361. 
ORDER: The director's September 22, 2004 decision is withdrawn. The petition is remanded to the 
director for entry of a new decision, which if adverse to the petitioner, is to be certified to the 
AAO for review. 
' The record contains several letters indicating that a bachelor's degree in business administration is 
appropriate for the proposed position. However, this evidence conflicts with other evidence in the record 
such as the job announcement for the proposed position (labeled as Exhibit 3), an October 2, 2004 letter from 
the petitioner's Assistant Athletic Director, and a letter fi-om the petitioner's personnel director, all of which 
clearly indicate that the petitioner does not require a baccalaureate degree in a specific discipline for the 
proposed position.