sustained H-1B Case: Sports Coaching

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U.S. Department of Homeland Security
20 Massachusetts Avenue NW. Room 3000
Washington. DC 20529
u.s.Citizenship
and Immigration
Services
PUBLICCOpy
MAR 052007
FILE: EAC 05 163 52987 Office: VERMONT SERVICE CENTER Date:
IN RE: 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. § llOl(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
EAC 05 163 52987
Page 2
DISCUSSION: The 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 5,000-student Jesuit university that seeks to employ the beneficiary as an assistant
men's soccer coach. 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) ofthe Immigration and Nationality
Act (the Act), 8 U.S.c. § 1101(a)(l5)(H)(i)(b).
The director denied the petition on the basis of his determination that the petitioner had failed to establish that
the proposed position qualifies for classification as a specialty occupation.
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the
director's denial letter; (3) the director's request for additional evidence; (4) the petitioner's response to the
director's request; and (5) the Form 1-290B and supporting documentation. The AAO reviewed the record in
its entirety before issuing its decision.
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 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. § 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 qualification for classification as a specialty occupation, the
proposed position must meet one ofthe following criteria:
(1) A baccalaureate or higher degree or its equivalent IS normally the rmrumum
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
EAC 05 163 52987
Page 3
(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 proposed position.
According to the petitioner's May 6, 2005 letter of support, the duties of the proposed position would include
all aspects of coaching the game of soccer, including designing and evaluating the program; recruiting the
players; overseeing a strength and conditioning program; running practices; devising and implementing plans
for coaching the team; designing and implementing training sessions for two hours each day in areas such as
technique, tactics, and fitness; and conducting opponent pre- and post-game match analysis.
The petitioner noted that recruiting potential student-athletes for the petitioner's soccer team would comprise
sixty percent of the beneficiary's duties. Much of this time would be spent recruiting elite international
players. The petitioner noted that this position would require an individual with developed professional
communication skills and techniques, and made special note of the beneficiary's master's degree in public
administration. On appeal, counsel states that while individuals with several types of degrees would be
acceptable, only fields of study that emphasize advanced communication and organizational skills would
qualify. Counsel also states that the proposed position is located within the petitioner's Office of
Administration, and that the duties are primarily those of a professional administrator. The AAO agrees.
In determining whether a proposed 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 proposed position qualifies as a
specialty occupation under 8 C.F.R. § 2l4.2(h)(4)(iii)(A)(4). The petitioner has submitted a detailed
description of the duties of the proposed position, that, in combination with the record's information about the
petitioner's operations, establishes that the duties ofthe proposed position are so specialized and complex that
the knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher
degree.
The AAO notes that the beneficiary earned a bachelor's degree, in public communications, from Syracuse
University in 1998, and a master's degree, in public administration, from Syracuse University in 2003.
He also possesses experience as a collegiate soccer coach. He is therefore qualified to perform the duties
of this specialty occupation.
The petitioner has established both that the position qualifies for classification as a specialty occupation
and that the beneficiary is qualified to perform the duties of that specialty occupation. Accordingly, the
petition will be approved.
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.