Sustained
H-1B
H-1B Sustained — Pharmacy (2006): the director denied the petition, finding that the
Decision Summary
The director denied the petition, finding that the 'pharmacist intern' position was equivalent to a pharmacy technician, which does not require a specialized degree. The appeal was sustained because the petitioner successfully argued that the position is a transitional role for individuals who already hold pharmacy degrees to gain the required experience for state licensure, and its duties are nearly identical to those of a licensed pharmacist, thus qualifying it as a specialty occupation.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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