Dismissed
H-1B
H-1B Dismissed — Pharmaceuticals (2005): did not establish the proffered position of 'sterile
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position of 'sterile production specialist' qualifies as a specialty occupation. The AAO found that the petitioner did not meet any of the four regulatory criteria, concluding that the position was more akin to a science technician, which does not normally require a bachelor's degree in a specific specialty. The decision also highlighted inconsistencies in the record and found the petitioner's claims regarding the position's complexity and industry standards were unsupported by sufficient evidence.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position 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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →