sustained H-1B Case: Sports Management

identifling data deleted to 
prevent clearly unwarranted 
invssiar of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: LIN 04 800 4735 1 Office: NEBRASKA SERVICE CENTER Date: JUN 2 9 2006 
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. 8 1 10 1 (a)(l S)(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 orignally decided your case. Any firthe? inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Adrninish-ative Appeals Office 
LIN 04 800 4735 1 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on an appeal. The appeal will be sustained. The petition will 
be approved. 
The petitioner is a slu and snowboard club, was established in 1965, has 30 employees and gross annual 
revenues of approximately $1,766,500, and an annual'net income of approximately $92,400. In order to 
employ the beneficiary as a management analyst, the petitioner endeavors to classify the beneficiary as a 
nonirnrnigrant 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. 9 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition based on his determination that the evidence of record did not establish that 
he proffered position satisfies at least one of the specialty occupation criteria outlined at 8 C.F.R. 9 
2 14.2(h)(4)(iii)(A). 
On appeal, counsel submits a brief in which he contends that the director erred in not recognizing that the 
proffered position is that of a management analyst. 
For the reasons discussed below, the AAO has determined that the petitioner established that the proffered 
position is a specialty occupation, and that the beneficiary qualifies to perform the duties of a specialty 
occupation. Accordingly, the appeal will be sustained. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for evidence; (3) counsel's 'response to the director's request for evidence (RFE); (3) the 
director's denial letter; and (4) Form I-290B, 'with counsel's brief on appeal, dated January 13, 2005, and 
additional documentation. The AAO reviewed the record in its entirety before reaching its decision. 
The issue before the AAO is whether the proffered position qualifies as a specialty occupation. To meet its 
burden of proof in this regard, a petitioner must establish that the job it is offering to the beneficiary meets the 
following statutory and regulatory requirements. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1184(i)(l) defines the term 
"specialty occupation" as one that requires: 
(A) 
 theoretical and practical application of 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. 
LIN 04 800 4735 1 
Page 3 
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: 
(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 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. 
To determine whether a particular job qualifies as a specialty occupation, CIS does not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the petitioning 
entity's business operations, are factors to be considered. CIS must examine the ultimate employment of the 
alien, and determine whether the position qualifies as a specialty occupation. CJ: Defensor v. Meissner, 201 
F. 3d 384 (5' Cir. 2000). The critical element is not the title of the position nor an employer's self-imposed 
standards, but whether the position actually requires the theoretical and practical application of a body of 
highly specialized knowledge, and the attainment of a baccalaureate or higher degree in the specific specialty 
as the minimum for entry into the occupation, as required by the Act. 
The petitioner states that it is seeking the beneficiary's services as a management analyst. Evidence of the 
beneficiary's duties includes: the Form 1-129 and supporting documents, including the petitioner's 
organizational chart; an October 5,2004 letter from the petitioner submitted in response to the director's RFE; 
and counsel's October 29, 2004 response to the directot's RFE. According to this evidence, the duties of the 
proffered position would require the beneficiary to: 
Research and analyze business and operating procedures to devise most efficient methods of 
accomplishing work; 
Plan studies of work problems and procedures, including issues relating to proposed 
organizational changes, information flow, integrated training methods, partnerships with 
national and international organizations, budgetary status and development, proposed growth 
and expansion, and cost analysis; 
Gather and organize information on problems and procedures, including present operating 
procedures; 
LIN 04 800 47351 
Page 4 
Analyze data gathered, devel~p information, and devise available solutions and alternate 
methods of proceeding; 
Organize and document findings'of studies and prepare recommendations for implementation 
of new systems, procedures, and organizational changes; 
Analyze current and past budgets, review budget requests, and allocate funds according to 
spending priorities; 
Analyze accounting records to determine financial resources required to implement andlor 
expand programs and submit recommendations for budget allocations; 
Confer with personnel to assure smooth functioning of newly implemented systems or 
procedure; 
Oversee implementation of new systems and train personnel in such systems; 
Conduct operational effectiveness reviews to ensure project systems are applied and 
functioning as designed; 
Advise staff on cost analysis and fiscal allocations; 
Develop and update functional and operational manuals, outlining established methods of 
performing work in accordance with organizational policy; and 
Work with RMD, USSA, and FIS to ensure that the Aspen Valley Ski & Snowboard Club 
(AVSC) is aware of resources and able to take advantage of them. 
To determine whether the duties just described are those of a specialty occupation, the AAO first considers 
the criteria at 8 C.F.R. 4 214.2(h)(4)(iii)(A)(l) and (2); a baccalaureate or hlgher degree or its equivalent is 
the normal minimum requirement for entry into the particular position; and 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 considered by the AAO when 
determining these criteria include: whether the Department of Labor's POL) Occupational Outlook 
Handbook (Handbook), on which the AAO routinely relies for the educational requirements of particular 
occupations, 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 from 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)). 
LIN 04 800 4735 1 
Page 5 
The AAO finds the petitioner's description of the duties of its proffered position to reflect the type of 
activities generally performed by budget analysts as described in the Handbook 
athttp://www.bls.gov/oco/ocos003.htm, which states: 
Budget analysts can be found in private industry, nonprofit organizations, 
and the public sector. private sector firms, a budget analyst examines 
budgets and seeks new ways to improve efficiency and increase profits. 
Although analysts working in nonprofit and governmental organizations 
usually are not concerned with profits, they still try to find the most 
efficient distribution of funds and other resources among various 
departments and programs. 
Budget analysts have many responsibilities in these organizations, but their 
primary task is providing advice and technical assistance in the preparation 
of annual budgets. At the beginning of each budget cycle, managers and 
department heads submit proposed operational and financial plans to budget 
analysts for review. These plans outline prospective programs, including 
proposed funding increases and new initiatives, estimated costs and 
expenses, and capital expenditures needed to finance these programs. 
Analysts examine the budget estimates or proposals for completeness; 
accuracy; and conformance with established procedures, regulations, and 
organizational objectives. Sometimes, they employ cost-benefit analysis to 
review financial requests, assess program tradeoffs, and explore alternative 
funding methods. They also examine past and current budgets and research 
economic and financial developments that affect the organization's 
spending. This process enables analysts to evaluate proposals in terms of 
the organization's priorities and financial resources. 
After the initial review process, budget analysts consolidate individual 
departmental budgets into operating and capital budget summaries. These 
summaries contain comments and statements that support or argue against 
funding requests. Budget summaries then are submitted to senior 
management, or, as is often the case in local and State governments, to 
appointed or elected officials. Budget analysts then help the chief operating 
officer, agency head, or other top managers analyze the proposed plan and 
devise possible alternatives if the projected results are unsatisfactory. The 
final decision to approve the budget, however, usually is made by the 
organization head in a private firm or by elected officials in government, 
such as the State legislature. 
Throughout the remainder of the year, analysts periodically monitor the 
budget by reviewing reports and accounting records to determine if 
allocated funds have been spent as specified. If deviations appear between 
the approved budget and actual performance, budget analysts may write a 
report providing reasons for the variations, along with recommendations for 
new or revised budget procedures. To avoid or alleviate deficits, budget 
LIN 04 800 4735 1 
Page 6 
analysts may recommend program cuts or reallocation of excess funds. 
They also inform program managers and others within their organization of 
the status and availability of funds in different budget accounts. Before any 
changes are made to an existing program, or before a new one is 
implemented, a budget analyst must assess the program's efficiency and 
effectiveness. Analysts also may be involved in long-range planning 
activities such as projecting future budget needs. 
With respect to training, the Handbook states: 
Private firms and government agencies generally require candidates for 
budget analyst positions to have at least a %achelor's degree, but many 
prefer or require a master's degree. within the Federal Government, a 
bachelor's degree in any field is sufficient for an entry-level budget analyst 
position, but, again, master's degrees are preferred. State and local 
governments have varying requirements, but a bachelor's degree in one of 
many areas-accounting, finance, business, public administration, 
economics, statistics, political science, or sociology-may qualify one for 
employment. Many States, especially larger, more urban States, require a 
master's degree. Sometimes a degree in a field closely related to that of the 
employing industry or organization, such as engineering, may be preferred. 
Some firms prefer candidates with a degree in business because business 
courses emphasize quantitative and analytical skills. Many government 
employers prefer candidates with strong analytic and policy analysis 
backgrounds that may be obtained through such majors as political science, 
economics, public administration, or public finance. Occasionally, budget- 
related or finance-related work experience can be substituted for formal 
education. 
While the Handbook indicates that a degree in a broaq range of fields is acceptable to perform the duties of 
a budget analyst, the record establishes that the duties of the position are so specialized and complex that 
knowledge required to perform the duties is usually associated with the attainment of a baccalaureate degree 
in a specified field under 8 C.F.R. 9 214.2(h)(4)(iii)(A)(4). The evidence of record, including the 
organizational chart, the Impact Study, and the petitioner's detailed listing of the duties to be performed in 
relation to its particular business interests, establish the position as a specialty occupation. 
The petitioner has established that the beneficiary id qualified to perform the duties of the proffered position. 
The record indicates that the beneficiary holds a degree in Business Administration, with a major in 
management, from the University of New Hampshire, an institution of higher education in the United States, 
which the Handbook indicates is closely related 
 the occupation of budget analyst. Upon review of the 
record, there is sufficient evidence to determine 
 the beneficiary is qualified to perform the duties of a 
specialty occupation under the criterion at 8 
For the reasons related in the preceding discussion, the petitioner has established that the proffered position 
meets the requirements for a specialty occupation set forth at 8 C.F.R. $ 214.2(h)(4)(iii)(A), and that the 
beneficiary is qualified to perform the duties of the specialty occupation. 
LIN 04 800 47351 
Page 7 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
fj 136 1. The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved.