sustained H-1B Case: Medical Research

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 03 193 50759 Office: NEBRASKA SERVICE CENTER Date: 00 2 8 2m 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 1 10 l(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 originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
LIN 03 193 50759 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is an educational conference management company that organizes and presents medical 
educational programs. It seeks to employ the beneficiary as a medical researcher. The petitioner endeavors to 
classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 
10 l(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. (j 1 10 l(a)(l 5)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal counsel submits a brief and additional information stating that the offered position qualifies as a specialty 
occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10l(a)(l S)(H)(i)(b) of the Act, 8 U.S.C. (j 1 1 Ol(a)(lS)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 1184(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. (j 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. (j 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; 
LIN 03 193 50759 
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(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 are 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 bacoalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. ,;. 
The record of proceeding before the AA0,contains: (1) the Form 1-129 and supporting documentation; (2) 
the director's request for additional evideice; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
d 
The petitioner is seeking the beneficiary's services as a medical researcher. Evidence of the beneficiary's 
duties includes the 1-129 petition with 3ttachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
80 per cent of the time 
Research medical topics; 
Perform background checks on scientific data; 
Perform background checks on lecturers; an 
Assist with academic programs as they relate to new medical research. 
20 per cent of the time 
Call speakers to perform due diligence; and 
Perform clerical and administrative work. 
The petitioner does not state that it requires a degree in any particular specialty for entry into the proffered 
position, but finds the beneficiary qualified by virtue of her Bachelor of Science degree with a major in 
chemistry, and minor in biology. 
LIN 03 193 50759 
Page 4 
i 
Upon review of the record, the petitioner has established that the proffered position qualifies as a specialty 
occupation. The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook 
(Hmdbook) for information about the duties and educational requirements of particular occupations. The duties 
of the proffered position, though vaguely described, are essentially those noted for meeting and convention 
planners with additional medical research and writing responsjbilities. The petitioner plans and schedules 
medical conferences while providing training manuals, educational materials, and seminar packages. The 
Handbook does not indicate that the duties of convention planners and researcherslwriters as described, require a 
baccalaureate level education in any specific specialty. Degrees *in a variety of educational disciplines will equip 
an individual to work in these fields. The petitioner has, therefore, failed to establish the criterion at 8 C.F.R. 
4 2 14.2(h)(4)(iii)(A)(I). 
The petitioner has established, however, that the duties of ihe offered position are so specialized and complex 
that knowledge required to perform them is usually associated with the attainment of a baccalaureate or 
higher degree. In addition to clerical and administrative duties associated with conferencelseminar planning, 
the beneficiary will be required to prepare seminar materials and training manuals dealing with various 
medical issues (i.e. anti-aging medicine). The preparation of these materials will require the beneficiary to 
review specific materials verifying the statements and research that the presenter will rely upon to make his or 
her presentation. The beneficiary will perform background checks on scientific data and assist with the 
preparation of academic programs as they relate to medical-research. The duties of the proffered position 
meet the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4) and the position qualifies as a specialty occupation. 
The final issue to be considered is whether the beneficiary qualifies to perform the duties of a specialty 
occupation. The beneficiary holds a Bachelor of Science degree with a major in chemistry and minor in biology 
from an accredited university in the United States, and her degree is closely related to duties of the offered 
position. She is, therefore, qualified to perform the duties of the offered specialty. 8 C.F.R. 
5 2 14.2(h)(4)(iii)(C)(l). I 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 1361. The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved.