sustained H-1B Case: Pharmacy
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Decision Summary
The director denied the petition, asserting that the 'graduate pharmacist intern' position did not qualify as a specialty occupation because state licensing for interns does not require a degree. The AAO sustained the appeal, finding the petitioner met the criteria by demonstrating that it normally requires a bachelor's degree in pharmacy for this specific role. The AAO also determined the duties were essentially those of a pharmacist, requiring specialized knowledge, regardless of the state's intern registration rules.
Criteria Discussed
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