sustained H-1B Case: Medicine

U.S. Department of Homcland Security 
20 Mass, Rm. A3042,425 I Street, N.W. 
Washington, DC 20529 
DT 9 1 
FILE: WAC 04 073 51288 Office: CALIFORNIA SERVICE CENTER Date: 6 2lBtE 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S .C . § 1 10 l(a)( 1 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 
WAC 04 073 51288 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant visa petition and the matter is now before 
the Administrative Appeals Oflice (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner contracts anesthesiologists to perform anesthetic services at the University Medical Center in 
Las Vegas, Nevada, and seeks to employ the beneficiary as an anesthesiologist. The petitioner, therefore, 
endeavors to classify the beneficiary as a nonimrnigrant worker in a specialty occupation pursuant to section 
I0 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U. S.C. 5 1 10 1 (a)( 1 5)(H)(i)(b). 
The director denied the petition, finding that the beneficiary is not qualified to perform the proffered position 
because he 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. 5 1184(i)(2), states that an alien applying for classification as an H-1B 
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: 
(I) 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, andfor 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: (1) 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. 
As previously noted, the director denied the petition because the beneficiary does not presently possess a 
license to practice medicine in the State of Nevada. The record also establishes, however, that beneficiary has 
met all requirements necessary to obtain such a license. The record contains a letter from the Nevada State 
Board of Medical Examiners indicating that the beneficiary has submitted an application for an unrestricted 
license to practice medicine in the State of Nevada, and that the beneficiary is eligible to obtain such license 
WAC 04 073 51288 
Page 3 
I 
upon receipt of documentation and verification from the United States Department of Justice, Immigration 
and Naturalization Service (now Citizenship and Immigration Services - CIS) that the beneficiary is lawfully 
entitled to enter and work in the United States. Once receipt and verification of such documentation is 
received the beneficiary's medical license will issue. 
Upon review of the record, the petitioner has established that the beneficiary qualifies to perform the 
proposed position under 8 C .F.R. 3 2 14.2(h)(4)(iii)(C)(3). 
J 
A November 20, 2001 memorandum from discussing social security cards and the 
adjudication of H-1B petitions for public high school teachers is relevant to this proceeding. It states that: 
An H-1B petition filed on behalf 9f an alien beneficiary who does not have a valid state 
license shall be approved for a per1 d of 1-year provided that the only obstacle to obtaining 
state licensure is the fact that the cannot obtain a social security card from the SSA. 
Petitions filed for these aliens evidence from the state licensing board clearly 
stating that the only obstacle of state licensure is the lack of a social security 
card. In addition, the that all other regulatory and statutory 
requirements for the 
The official statement from the Nevada St e Board of Medical Examiners indicates that the beneficiary is + eligible for an unrestricted license to practice medicine, and that licensure can be obtained immediately upon 
receipt and certification of documentation from CIS indicating that the beneficiary is lawfully entitled to enter 
and work in the United States. The approval of the H-1B petition will provide the beneficiary with a 
nonimmigrant classification that will permit him to enter and work in the United States upon receipt of his 
medical license. In light of this, CIS will approve the instant petition for one year as the beneficiary is 
otherwise qualified but for lack of having received his medical license since the State of Nevada will not issue 
such a license without first having documentation from CIS permitting him to enter and work in the United 
States. 
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. 3 1361. 
The petitioner has sustained that burden. 
ORDER: The appeal is sustained. The petition is approved for one year.