sustained H-1B Case: Pharmaceuticals

ibatifying &ta deleted to 
prvent clearly unwarranted 
invasion of pawn81 privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: EAC 04 171 543 14 Office: VERMONT SERVICE CENTER Date: JUN 0 7 2006 
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. 8 1 1 Ol(a)(lS)(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 you case. Any further inquiry must be made to that office. 
n 
Administrative Appeals Office 
EAC 04 171 54314 
Page 2 
DISCUSSION: The service center director 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 pharmaceutical company that seeks to employ the beneficiary as a product sourcing manager. 
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant 
to section 10 1 (a)( 15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(l5)(H)(i)(b). 
The director denied the petition stating that the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief and additional information stating that the offered position does qualify as a 
specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 101 (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. 5 11 84(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. 5 214.2(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. 5 214.2(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; 
(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; 
EAC 04 171 54314 
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(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. 
3 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) the 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) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a product sourcing manager. Evidence of the 
beneficiary's duties includes the Form 1-129 petition with attachment and the petitioner's response to the 
director's request for evidence. According to this evidence the beneficiary would: 
Execute the company sourcing program under the supervision of the president and in close 
coordination with the head of the business development department; 
Conduct research on U.S. based pharmaceutical R & D and manufacturing companies; 
Contact prospective client companies with contract manufacturing and/or marketing inquiries 
for their products; 
Initiate negotiations and work for the elaboration of contract manufacturing and/or marketing 
agreements with U.S. pharmaceutical companies; 
Pinpoint legal expertise of the mother company in fast-pace registration and approvals by the 
Bulgarian Drug Agency and Ministry of Health; 
Promote synergy effects of integrated manufacturing distribution, retail and marketing on the 
Balkans; 
Provide legal advice to foreign clients on the BulgarianlEuropean pharmaceutical sector 
regulations; 
Monitor contract execution in close coordination with management of the manufacturing 
facility, Tchaickapharma, Inc.; 
Maintain liaison with prospective and contracted clients; 
EAC 04 171 54314 
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Analyze market performance of sourced products; 
Seek potential investors and discuss specific partnership opportunities for expansion of 
company manufacturing facilities and other related projects; 
Ensure company policies are in accordance with evolving foreign regulations, legal 
requirements and industry trends; 
Identify emerging trends in the pharmaceutical generic market and make recommendations to 
management with a view of expanding the existing generic portfolio of Tchaickapharma, 
Inc.; 
Prepare periodic reports to top management as necessary or requested and maintain effective 
communication with company headquarters; and 
Review and analyze relevant industry general and specialized literature and make 
recommendations to management and initiate marketing promotion techniques. 
The petitioner requires a minimum of a bachelor's degree in law, finance, business or a related field 
for entry into the proffered position. 
Upon review of the record, the petitioner has established that the proffered position qualifies as a specialty 
occupation. The AAO routinely consults the Department of Labor's Occupational Outlook Handbook 
(Handbook) for information about the duties and educational requirements of particular occupations. The 
duties of the proffered position are varied and contain duties normally performed by administrative service 
managers and advertising, marketing, promotions, public relations and sales managers. While' the Handbook 
does not require a bachelor's degree in a specific specialty for entry into positions as advertising, marketing, 
promotions, public relations or sales managers, it does for some administrative service managers. The 
Handbook notes that administrative services managers perform a broad range of duties in virtually every 
sector of the economy. They manage the many services that allow organizations to operate efficiently, such 
as secretarial and reception, administration, payroll, conference planning and travel, information and data 
processing, mail, materials, scheduling and distribution, printing and reproduction, records management, 
telecommunications management, security, parking, and personal property procurement, supply, and disposal. 
In small organizations, a single administrative services manager may oversee all support services. In larger 
ones, however, first-line administrative services managers often report to mid-level managers who, in turn, 
report to top-level managers. As the size of the firm increases, administrative services managers are more 
likely to specialize in support activities. For example, some work primarily as office managers, contract 
administrators, or unclaimed property officers. Administrative services managers who work as contract 
administrators oversee the preparation, analysis, negotiation, and review of contracts related to the purchase 
or sale of equipment, materials, supplies, products, or services. 
In this instance, the record reflects that the beneficiary will work as a contract administrator for a 
pharmaceutical company that is owned by the Commercial League. The petitioner reports a gross annual 
EAC 04 171 54314 
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income worldwide of $50,000,000. The Handbook states that managers of highly complex services, such as 
contract administration, generally need at least a bachelor's degree in business, human resources, or finance. 
The proffered position does, therefore, qualify as a specialty occupation since a baccalaureate or hgher 
degree in a specific specialty is normally required for entry into the position. 8 C.F.R. 
3 2 14.2(h)(4)(iii)(A)(I). 
The director did not determine whether the beneficiary was qualified to perform the duties of the proffered 
position as the petition was denied on another ground. The record is, however, sufficient for the AAO to 
make that determination. The beneficiary's foreign education is equivalent to a bachelor's degree in 
international law .from an accredited university in the United States. This course of study is closely related to 
the requirements of the offered position as the position involves the negotiation and execution of contracts as 
well as an understanding of foreign laws as they relate to the manufacture and sale of pharmaceuticals. The 
beneficiary is, therefore, qualified to perform the duties of the offered position. 8 C.F.R. 
2 14.2(h)(4)(iii)(C)(2). 
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 and the appeal shall accordingly be sustained. 
ORDER: The appeal is sustained. The petition is approved.