sustained H-1B Case: Pharmacy

(b)(6)
MATTER OF J- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 12,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a retail pharmacy, seeks to temporarily employ the Beneficiary as a pharmacist intern 
under the H-1B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality 
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 Oirector, California Service Center, denied the petition. The Director concluded that the 
evidence of record did not demonstrate that the Beneficiary was qualified to perform the duties of a 
specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits both a brief and 
additional evidence. Upon de novo 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. Specifically, the totality of evidence now establishes that the Beneficiary is 
qualified to perform the duties of the proffered position in accordance with the requirements at 
8 C.F.R. § 214.2(h)(4)(iii)(C). The Be!J.eficiary is permitted to perform the duties of a pharmacist 
pursuant to temporary licensure in the form of a pharmacist internship approved by the 
Accordingly, however, the Director shall limit the approval of the H-1B 
petition to a one-year period pursuant to 8 C.F.R. § 214.2(h)(4)(v)(E). 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of J- LLC, ID# 94179 (AAO Oct. 12, 20 16)