sustained H-1B Case: Chemistry

U.S. Citizenship 
and Immigration 
Services 
In Re: 5644250 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-18) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 25, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "chemist (manufacturing associate)" 
under the H-18 nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-18 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both: (a) the theoretical and practical application of a body of highly specialized knowledge; 
and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a 
minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. Upon de nova review, 
we will sustain the appeal. 
The evidence of record establishes that the proffered position requires the theoretical and practical 
application of a body of highly specialized knowledge, and that it is so complex and specialized that 
it can be performed only by an individual with at least a bachelor's degree in specific specialty, or the 
equivalent. Specifically, the Petitioner provided a sufficiently detailed job description and explained 
why the position is complex and specialized. Therefore, we conclude that the evidence of record 
satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). The Petitioner has also established that the 
proffered position qualifies for classification as a specialty occupation as defined by section 214(i)(l) 
of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.