sustained H-1B Case: Pharmaceuticals

U.S. Citizenship 
and Immigration 
Services 
In Re: 8820762 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 14, 2020 
The Petitioner, a pharmaceutical company, seeks to temporarily employ the Beneficiary as a 
"pharmaceutical validation specialist" under the H-1B 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-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 proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and asserts that the Director improperly denied the petition because the 
evidence established eligibility for the benefit sought. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
Upon de nova review, we conclude that the Petitioner has established that the proffered position 
qualifies for classification as a specialty occupation as defined by section 214(i)(l) of the Act, 8 U.S.C. 
§ 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner has provided a detailed job description 
and established that these duties, when performed within the context of its specific business operations, 
are so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a baccalaureate or higher degree in a specific specialty or its equivalent, as required 
by the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
ORDER: The appeal is sustained.