sustained H-1B Case: Aviation

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 05 067 5 1636 Office: TEXAS SERVICE CENTER Date: 1 10Q6 
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. 1 101 (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, Chief 
Administrative Appeals Office 
SRC 05 067 5 1636 
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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 sustained. The petition will be 
approved. 
The petitioner is a flight school that is affiliated with, and was formed by, the Florida Institute of Technology. It 
seeks to employ the beneficiary as a flight instructor. 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 10 1 (a)(l S)(H)(i)(b). 
The director denied the petition stating that 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 first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 lOl(a)(lS)(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. 8 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. 
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, 
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. 8 214.2(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 particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
SRC 05 067 51636 
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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. 
§ 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 supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a flight instructor. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would instruct student pilots in flight procedures and 
techniques as well as accompany them on training flights. The record reflects that the petitioner is affiliated 
with, and was formed by, the Florida Institute of Technology for the sole purpose of engaging in aircraft 
rental, aircraft charter, flight instruction and land-based flight operations including aircraft reheling and 
aircraft maintenance. The record also reflects that in addition to the aforementioned duties, the beneficiary 
will work as an adjunct professor at the Florida Institute of Technology teaching such college-level courses as 
Instructional Techniques, Aeronautics 1, Aeronautics 2, and Aeronautics 3. 
The petitioner requires a minimum of a bachelor's degree in Aeronautical Science for entry into the proffered 
position. 
The petitioner has established that the proffered position qualifies as a specialty occupation. Positions as 
pilots andlor flight instructors do not generally qualify as specialty occupations because entry into those 
professions is not normally associated with the attainment of a bachelor's or higher degree in a specific 
specialty. In this particular instance, however, the petitioner is an affiliate of the Florida Institute of 
Technology and a portion of the beneficiary's job responsibilities include working as an adjunct professor 
with that institution teaching college level courses to students taking aviation related classes. The duties of 
the proffered position are so specialized or complex that knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree in Aeronautical Science or a related field 
since the beneficiary will be teaching college level courses in that area. The petitioner has established the 
criterion at 8 C.F.R. !j 214.2(h)(4)(iii)(A)(4). 
The final issue to be determined is whether the petitioner is qualified to perform the duties of the offered 
position. The director did not comment on this issue as the petition was denied on another ground. The 
record, however, is sufficient for the AAO to make that determination. The petitioner has a bachelor's degree 
in Aeronautical Science from the Florida Institute of Technology. That degree is closely related to the duties 
SRC 05 067 51636 
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of the proffered position, and qualifies the beneficiary to perform the duties of the position. 8 C.F.R. 
5 2 14.2(h)(4)(iii)(C)(l). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 1361. The petitioner has sustained that burden and the appeal shall accordingly be sustained. 
ORDER: The appeal is sustained. The petition is approved.