sustained H-1B Case: Pharmaceutical Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 8755491 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 22, 2020 
The Petitioner, a pharmaceutical research and development company, seeks to temporarily employ the 
Beneficiary as a lead discovery research associate (biochemist) under the H-lB nonimmigrant 
classification for specialty occupations. 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-lB 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 is qualified for the proffered position . The matter is now before us on 
appeal. On appeal, the Petitioner submits a brief and asserts that the Director erred in denying the 
petition. Upon de nova review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial. Our review of the Beneficiary's academic credentials, the opinions regarding 
the minimum educational requirements for the proffered position, as well as evidence of the 
relationship between the duties and the Beneficiary's academic degree establish that the Beneficiary is 
qualified to perform the duties of the proffered position. The totality of the evidence establishes that 
the Beneficiary is qualified to perform the duties of the proffered position . As a result, the Petitioner 
has satisfied the requirements under section 214(i)(2) of the Act and 8 C.F.R. § 214.2(h)(4)(iii)(C). 
We also find that the duties of the proffered position are so specialized and complex that the knowledge 
required to perform them is usually associated with at least a U.S. bachelor's degree in a specific 
specialty, or the equivalent, as required by 8 C.F.R . § 214.2(h)(4)(iii)(A)(4) . Further, we conclude 
that Petitioner has established, by a preponderance of the evidence, that the particular position being 
offered to the Beneficiary qualifies for classification as a specialty occupation as the term is defined 
at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.