sustained H-1B Case: Aircraft Repair Services

identifyingdatadeletedto
preventclearlyunwarrantod
invasionofpersonalprivaq
U.S. Department of Homeland Security
20 Massachusetts Avenue NW, Room 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
PUBLIC COpy
FILE: SRC 05 173 51503 Office: TEXAS SERVICE CENTER Date: SEP 12 Z007
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(l5)(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, Chief
Administrative Appeals Office
www.uscis.gov
SRC 05 173 51503
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DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition and the matter is
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition
will be approved.
Established in 1998, the petitioner is a Florida company that provides aircraft repair services, with ten
employees, and $1,878,955.00 gross income. It seeks to hire the beneficiary as a technical translator.
The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant 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. § 1101 (a)(15)(H)(i)(b).
The record includes: (1) the Form 1-129 and supporting documents; (2) the director's request for evidence
(RFE); (3) counsel's response to the RFE; (4) the director's decision denying the petition; and (5) the
Form 1-290B and counsel's brief in support of the appeal. The AAO reviewed the record in its entirety
before issuing its decision.
The director denied the petition on the basis that the petitioner had failed to establish that the proposed
position qualifies for classification as a specialty occupation.
Section 214(i)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1184(i)(1) defines the term
"specialty occupation" as one 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. § 214.2(h)( 4)(ii) as:
An 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, engineering, mathematics, physical sciences, social sciences, medicine and
health, education, business specialties, accounting, law, theology, and the arts, and which
requires the 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. § 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
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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 above criteria to mean not
just any baccalaureate or higher degree, but one in a specific specialty that is directly related to the
proffered position.
The occupation of a translator may sometimes be a specialty occupation requiring a degree in a related
field. The AAO finds that the totality of the evidence of record satisfies the fourth criterion of 8 C.F.R. §
214.2(h)( 4)(iii)(A) by establishing that the nature of the specific duties is so specialized and complex that
the knowledge required to perform the duties is usually associated with the attainment of a baccalaureate
degree.
The petitioner states that it is seeking the beneficiary's services as a technical translator. Evidence of the
beneficiary's duties includes: the petitioner's May 17, 2005 letter; the petitioner's June 20, 2005 response
to the RFE; and counsel's August 4, 2005 appeal brief. In its May 17, 2005 letter, the petitioner included
the following duties:
[S]he will translate business documents from French to English, including negotiating
contracts with clients, translating aircraft maintenance documents, aircraft repair and
refurbishing documents and any information pamphlets and labels, in full technical
language, for countries where French is the primary language.
In its response to the RFE, the petitioner added:
All of the documents are of a highly technical nature as they relate to aircraft
maintenance and repair for major commercial aircrafts such as the 737's, 747's and
757's, in compliance with FAA regulations and guidelines. The translation of these
documents as well as the contract negotiations with clients involve complex business,
financial, legal and technical terms.
The proposed duties and the details about the petitioner's company establish that the proffered position
involves the translation of highly technical documents regarding the maintenance and repair of
commercial aircrafts. The AAO has determined that the proffered position is sufficiently complex and
specialized to satisfy the criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4).
As the evidence of record also establishes that the beneficiary holds the equivalent of a bachelor of arts
degree in foreign languages and translation awarded by a regionally accredited university in the United
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States, which is a degree directly related to the pertinent specialty occupation, the beneficiary is qualified
to servein the occupation as required by the regulation at 8 C.F.R. §214.2(h)(4)(iii)(C) and (D).
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 sustained that burden.
ORDER: The appeal is sustained. The petition is approved.