sustained H-1B Case: Chemical Engineering

identifying daEa &letad to 
prevent cii.;lrly unwmted 
invasion of pe-1 privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 03 116 52842 Office: CALIFORNIA SERVICE CENTER Date: MAQ 2 8 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)( 1 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 
 1 lOl(a)(lS)(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. 
&'R%</Q Administrative Appeals fice 
WAC 03 1 16 52842 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (MO) on appeal. The appeal will be sustained. The petition will 
be approved. 
The petitioner is a custom formulator and compounder that seeks to employ the beneficiary as a chemical 
engineer. The petitioner, therefore, endeavors to extend the beneficiary's classification 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. 4 1 lOl(a)(lS)(H)(i)(b). 
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 under the criteria set forth at 8 C.F.R. 
214.2(h)(4)(iii)(A). 
The record of proceeding before the MO contains: (1) the Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence (WE); (3) the petitioner's RFE response; (4) the 
director's denial letter; and (5) the Form I-290B and supporting documentation. The MO reviewed the 
record in its entirety before issuing its decision. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1 184(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. 3 214.2(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. 
 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; 
(3) 
 The employer normally requires a degree or its equivalent for the position; or 
WAC 03 1 16 52842 
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(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. 
9 214.2(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. 
The petitioner, a custom formulator and compounder with 2 1 employees, was established in 1986 and has a 
gross annual income of three million dollars. It proposes to hire the beneficiary as a chemical engineer. In its 
February 18, 2003 letter of support, the petitioner stated that the beneficiary would be responsible for 
conducting laboratory analysis of all in-process and finished products. She would also check the stability of 
testing of newly-developed products; perform tests throughout all stages of production to determine the 
degrees of control over variables, such as density and composition; maintain and ensure that all finished 
products pass standards requirements; ensure product quality based on legally accepted standards and 
customer requirements; develop personal care products based on customer requirements and specifications; 
reformulate and improve selected company products; and prepare estimates of production costs and 
production progress reports for the petitioner's management. She would also be involved in the aspects of 
chemical production, research, and design, focusing on the production, development, and improvement of 
existing and new products. She will utilize her knowledge of chemical processes to enhance and maximize 
production, which would include establishing and maintaining standards of raw materials, troubleshooting 
in-process products, and investigate any problems affecting product quality. 
The petitioner noted that the most important duty would be for the beneficiary to implement a chemical 
engineering process and guidelines for the process. This process and its guidelines would be available to 
chemical engneers who succeed the beneficiary. 
The director denied the petition, finding that the petitioner had satisfied none of the four criteria set forth at 
8 C.F.R. 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. In ruling that the proposed position is not a specialty occupation, 
the director found that the duties of the proposed position were essentially those of a chemical 
engineering technician. 
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 AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
The Handbook states the following with regard to the employment of chemical engineers: 
Chemical engineers build a bridge between science and manufacturing, applying the 
principles of chemistry and engineering to solve problems involving the production or 
use of chemicals. They design equipment and develop processes for large-scale chemical 
manufacturing, plan and test methods of manufacturing treatments and treating 
WAC 03 116 52842 
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byproducts, and supervise production. Chemical engineers also work in a variety of 
manufacturing industries other than chemical engineering, such as those producing 
electronics, photographic equipment, clothing, and pulp and paper. They also work in the 
healthcare, biotechnology, and business services industries. 
The knowledge and duties of chemical engineers overlap many fields. 
 Chemical 
engineers apply principles chemistry, physics, mathematics, and mechanical and 
electrical engineering. . . They frequently specialize in a particular chemical process such 
as oxidation or polymerization. Others specialize in a particular field, such as materials 
science, or the development of specific products such as fertilizers and pesticides, 
automotive plastics, or chlorine bleach. They must be aware of all aspects of chemicals 
manufacturing and how it affects the environment, the safety of workers, and customers. 
The Handbook states the following with regard to the employment of engineering technicians: 
Engineering technicians use the principles and theories of science, engineering, and 
mathematics to solve technical problems in research and development, manufacturing, 
sales, construction, inspection, and maintenance. Their work is more limited in scope 
and more practically oriented than that of scientists and engineers. Many engineering 
technicians assist engineers and scientists . . . . 
Chemical engineering technicians usually are employed in industries producing 
pharmaceuticals, chemicals, and petroleum products, among others. They work in 
laboratories as well as processing plants. They help to develop new chemical products 
and processes, test processing equipment and instrumentation, gather data, and monitor 
quality. 
The AAO finds that the proposed position is that of a chemical engineer. The Handbook notes that 
chemical engineers design equipment and develop processes for large-scale chemical manufacturing, plan 
and test methods of manufacturing treatments and treating byproducts, and supervise production. Here, 
the beneficiary will implement and develop a guideline for the petitioner's chemical engneering processing. 
She will also be involved in the aspects of chemical production, research, and design, focusing on the 
production, development, and improvement of existing and new products. She will also conduct tests to 
determine whether lower-level employees ("'process operators," who are in essence chemical engneering 
technicians) are accurately following the procedures she develops. 
The totality of evidence in this proceeding, including detailed information and documentation regarding 
the proposed duties, the petitioner's business operations, and the petitioner's organizational structure, 
establishes that the proposed position is that of chemical engineer as that position is described in the 
Handbook. According to the Handbook, such a position normally requires a bachelor's degree in 
engineering. Therefore, the proposed position qualifies as a specialty occupation under 8 C.F.R. 
3 2 14.2(h)(4)(iii)(A)(I). 
The record reflects that the beneficiary earned a bachelor's degree in chemical engneering from the Mapua 
Institute of Technology, in the Philippines, in 1986. According to an evaluation contained in the record, this 
WAC 03 116 52842 
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degree is equivalent to a bachelor's degree in chemical engineering from an accredited university in the 
United States. Therefore, she is qualified to perform the duties of this specialty occupation 
The petitioner has established that the proposed position qualifies as a specialty occupation and that the 
beneficiary is qualified to perform the duties of a specialty occupation. Accordingly, the appeal will be 
sustained, and 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.