sustained H-1B Case: Medicine

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U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 174 52 124 Office: NEBRASKA SERVICE CENTER Date: SEp 1 6 m5 
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. 6 1 10 1 (a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 04 174 52124 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant 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 a non-profit hospital that seeks to employ the beneficiary as a medical resident physician. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section I0 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 1 Ol(a)(l5)(H)(i)(b). 
The director denied the petition, finding that the beneficiary is not qualified to perform the proffered position 
because she does not possess proper licensure. On appeal, the petitioner asserts that the beneficiary qualifies 
for the proffered position. 
Section 214(i)(2) of the Act, 8 U.S.C. $ 1 184(i)(2), states that an alien applying for classification as an H-1 B 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(1 Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher 
degree required by the specialty occupation from an accredited college or university: 
(3) Hold an unrestricted state license, registration or certification which authorizes him or her to 
fully practice the specialty occupation and be immediately engaged in that specialty in the 
state of intended employment; or 
(4) Have education, specialized training, and/or progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the specialty 
occupation, and have recognition of expertise in the specialty through progressively 
responsible positions directly related to the specialty. 
The record of proceeding before the AAO contains, in part: (I) Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B. The AAO reviewed the record in its entirety before issuing its 
decision. 
LIN 04 174 52124 
Page 3 
The director stated that the letter from the Missouri Division of Professional Regulation stated that the 
beneficiary will be issued a temporary license to practice as a physician and surgeon in the state of Missouri 
upon receipt of her social security number. The director stated the memorandum from Thomas Cook, dated 
November 20, 2001, indicates that CIS will accommodate aliens whose only obstacle to obtaining licensure is 
due to a lack of a social security number because the alien is not physically present in the United States. The 
director stated that as the beneficiary is in the United States in H-4 nonimmigrant status, the memorandum 
does not apply here. The director therefore concluded that since the beneficiary does not possess proper 
licensure she is not qualified for the proposed position. 
On appeal, the petitioner asserts that the beneficiary qualifies for the proffered position, and refers to a 
memorandum from an ombudsman to support the assertion. The petitioner conveys that the state of Missouri 
issued a letter indicating that the beneficiary would be issued a temporary license to practice as a physician in 
the state of Missouri upon receipt of her social security number. The petitioner states that the beneficiary 
presently holds H-4 nonimmigrant status, which does not permit issuance of a social security number for 
employment. 
Upon review of the record, the petitioner has established that the beneficiary qualifies to perform the 
proposed position under 8 C.F.R. $ 2 14.2(h)(4)(iii)(C)(3). 
Pursuant to Title 4, Division 150-2.060, paragraph 4, of the Code of State Regulations of Missouri, applicants 
applying for a temporary licensure who have graduated from schools outside the United States or Canada 
must have and show proof of a permanent Educational Commission for Foreign Medical Graduates (ECFMG) 
certificate or show evidence to the board that the application has passed the equivalent licensing board 
examination in another state. Here, the record contains a certificate from the ECFMG stating that the 
beneficiary satisfied all the requirements of the commission, successfully passing its examinations, including 
the English examination. The record also contains a May 10, 2004 letter from the Missouri Department of 
Economic Development, Division of Professional Registration stating that the beneficiary would be issued a 
temporary license to practice as a physician and surgeon in the state of Missouri upon receipt of a social 
security number; score reports; and the beneficiary's bachelor of medicine and bachelor of surgery from 
Karnatak University. 
The H-4 nonimmigrant status, which the beneficiary holds, enables an alien to accompany or follo~ to join a 
principal H-1 nonimmigrant, but does not permit employment in the United States. The petitioner correctly 
stated that in the H-4 status the beneficiary is not allowed to work in the United States and is not permitted to 
1 obtain a social security number for employment. A November 20, 2001 memorandum from Thomas E. 
Cook discussing social securing cards and the adjudication of H-1B petitions for public high school teachers 
is relevant here. It states that: 
The petitioner has not explained why the beneficiary has not obtained a social security number not valid for 
work authorization, which is available to those legally in the United States in H-4 nonimmigrant 
classification. 
LIN 04 174 52124 
Page 4 
An H-1B petition filed on behalf of an alien beneficiary who does not have a valid state 
license shall be approved for a period of 1-year provided that the only obstacle to obtaining 
state licensure is the fact that the alien cannot obtain a social security card from the SSA. 
Petitions filed for these aliens must contain evidence from the state licensing board clearly 
stating that the only obstacle to the issuance of state licensure is the lack of a social security 
card. In addition, the petitioner must establish that all other regulatory and statutory 
requirements for the occupation have been met. . . . 
The official statement from Missouri's licensing authority indicates that the beneficiary is eligible for 
temporary licensure and that licensure can be obtained immediately upon the receipt of a social security 
number. The approval of the H-IB petition will provide the beneficiary with a nonimmigrant classification 
that will permit her to obtain a social security number, and the state of Missouri will then issue a temporary 
license for her to practice as a physician and surgeon there. In light of this, CIS will approve the instant 
petition for one year as the beneficiary is otherwise qualified but for lack of having a social securit). number, 
which would enable her to obtain temporary licensure. 
As related in the discussion above, the petitioner has established that the beneficiary is qualified to perform 
the duties of the proffered position. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 136 1. 
The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved for one year.