sustained H-1B Case: Clinical Laboratory Science

MATTER OF Q-D- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 28, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a laboratory services provider, seeks to temporarily employ the Beneficiary as a 
clinical laboratory scientist under the H -1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-1B 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 California Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary possesses the required license for the proffered position. 
In response to a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE) issued by this 
office, the Petitioner submits additional evidence in support of the petition. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
The regulation at 8 C.P.R. § 214.2(h)(4)(v)(A) states: 
General. If an occupation requires a state or local license for an individual to fully 
perform the duties of the occupation, an alien (except an H-lC nurse) seeking H 
classification in that occupation must have that license prior to approval of the 
petition to be found qualified to enter the United States and immediately engage in 
employment in the occupation. 
In addition, the regulation at 8 C.P.R.§ 214.2(h)(4)(v)(C) states (emphasis added): 
(2) An H -1 B petition filed on behalf of an alien who does not have a valid state or 
local license, where a license is otherwise required to fully perform the duties in 
that occupation, may be approved for a period of up to 1 year if: 
Matter ofQ-D-, Inc. 
(i) The license would otherwise be issued provided the alien was in 
possession of a valid Social Security number, was authorized for 
employment in the United States, or met a similar technical requirement; 
and 
(ii) The petitioner demonstrates, through evidence from the state or local 
licensing authority, that the only obstacle to the issuance of a license to the 
beneficiary is the lack of a Social Security number, a lack of employment 
authorization in the United States, or a failure to meet a similar technical 
requirement that precludes the issuance of the license to an individual who 
is not yet in H-1 B status. The petitioner must demonstrate that the alien is 
fully qualified to receive the state or local license in all other respects, 
meaning that all educational, training, experience, and other substantive 
requirements have been met. The alien must have filed an application for 
the license in accordance with applicable state and local rules and 
procedures, provided that state or local rules or procedures do not prohibit 
the alien from filing the license application without provision of a Social 
Security number or proof of employment authorization or without meeting 
a similar technical requirement. 
II. ANALYSIS 
Upon our review of the entire record of proceedings, including the response to our NOID/RFE, we 
conclude that the Petitioner has now established by a preponderance of the evidence that the 
Beneficiary qualifies for a temporary exception to the licensure requirement. 
As a clinical laboratory scientist in the State of California, the Beneficiary must acquire a California 
clinical laboratory scientist license. As such, the Petitioner must demonstrate that the Beneficiary is 
fully qualified to receive the license in all respects, other than the requirement for a Social Security 
number. That is, the Petitioner must show that all educational, training, experience, and other 
substantive requirements for licensure have been met. 
In response to our NOID/RFE, the Petitioner submits the required documentation to establish that 
the educational and training requirements for licensure had been met at the time of filing the petition. 
Specifically, the Petitioner submits an updated academic evaluation of the Beneficiary's credentials 
and a letter demonstrating the Beneficiary's completion of the required post-baccalaureate training 
and experience. Accordingly, we conclude that the record of proceedings now contains sufficient 
evidence to meet the requirements under 8 C.F.R. § 214.2(h)(4)(v)(C), and the H-lB petition may be 
approved for a period of up to one year. 
2 
Matter of Q-D-, Inc. 
III. CONCLUSION 
We conclude that the evidence of record establishes that the Beneficiary qualities for a temporary 
exception to the licensure requirement under 8 C.F.R. § 214.2(h)(4)(v)(C). 
ORDER: The appeal is sustained. 
Cite as Matter ofQ-D- Inc., ID# 547184 (AAO Dec. 28, 2017) 
3