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Documents — Maria Santos
Boston Children's Hospital
300 Longwood Avenue, Boston, MA 02115
Immigration Compliance Office
April 30, 2026
United States Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521
Re: H-1B Cap-Exempt Petition for Maria Elena Santos
Position: Senior Research Scientist
Petitioner: Boston Children's Hospital (EIN: 04-2264913)
Classification: H-1B, INA §214(g)(5)(B) — Cap-Exempt
Dear USCIS Officer:
I. INTRODUCTION
Boston Children's Hospital ("BCH" or "the Petitioner") respectfully submits this letter in support of the Form I-129 H-1B nonimmigrant petition filed on behalf of Maria Elena Santos ("the Beneficiary"). BCH seeks to employ Ms. Santos in the specialty occupation position of Senior Research Scientist within its Department of Pediatric Oncology Research, as more fully described herein.
BCH files this petition as a cap-exempt employer under INA §214(g)(5)(B), as a nonprofit research institution affiliated with Harvard Medical School. This exemption permits BCH to petition for H-1B workers outside the annual numerical cap at any time during the calendar year, ensuring continuity of critical research operations.
II. DESCRIPTION OF THE PETITIONER
Boston Children's Hospital is the primary pediatric teaching hospital of Harvard Medical School, and has been ranked the nation's top children's hospital by U.S. News & World Report for twelve consecutive years. BCH employs more than 8,200 staff across 16 clinical departments, serves patients from all fifty states and over 100 countries, and maintains annual research expenditures exceeding $340 million — predominantly funded through NIH and federal grants.
BCH's ability to sustain its research mission depends critically on recruiting scientists with graduate-level specialization in the relevant biomedical disciplines. The proffered position directly supports that mission.
III. DESCRIPTION OF THE PROFFERED POSITION
The position of Senior Research Scientist is a full-time, permanent, exempt salaried role in BCH's Department of Pediatric Oncology Research, reporting to the Director of Translational Oncology. Primary duties include:
This position requires a minimum of a Master's degree in Biochemistry, Molecular Biology, Immunology, or a directly related field, plus five or more years of post-degree specialized research experience in oncology or immunotherapy. A doctoral degree is strongly preferred.
IV. SPECIALTY OCCUPATION ANALYSIS
The proffered position constitutes a specialty occupation under INA §214(i)(1) in that it requires the theoretical and practical application of a body of highly specialized knowledge, and that attainment of at minimum a bachelor's degree (or higher) in a specific specialty — or its equivalent — is normally required to perform the work.
The work involved — advanced genomic editing protocols, immunological assay validation, and translational data modeling — is inherently graduate-level in nature. Published surveys of biomedical research employers uniformly confirm that Senior Research Scientist roles at academic medical centers require advanced degrees in specific scientific disciplines. BCH's internal position classification standards further confirm this requirement has been applied consistently across all Research Scientist positions regardless of funding source.
Note: BCH acknowledges that a prior H-1B petition for a research position at a predecessor institution received a Request for Evidence in 2022 questioning specialty occupation status. BCH respectfully submits that the proffered position herein is materially distinct in scope and seniority, and that the arguments set forth above — together with the attached O*NET analysis for SOC Code 19-1042.00 (Medical Scientists) — fully satisfy USCIS specialty occupation criteria.
V. QUALIFICATIONS OF THE BENEFICIARY
Ms. Santos holds a Master of Science degree in Biochemistry from the Universidad Nacional Autónoma de México (UNAM), conferred in 2013. Her academic training is directly applicable to the proffered position. Since completing her degree, Ms. Santos has accumulated over twelve (12) years of continuous post-degree research experience in oncological biochemistry and immunotherapy.
Prior to this petition, Ms. Santos served as a Research Scientist at Brigham and Women's Hospital from 2019 to 2022 under H-1B nonimmigrant status — a classification previously granted by USCIS, further supporting the specialty occupation nature of the work. Her curriculum vitae, enclosed in Tab D, details her publications, grants, and professional qualifications.
VI. WAGE AND LABOR CONDITION APPLICATION
BCH will compensate Ms. Santos at an annual salary of $135,000, paid bi-weekly. This rate exceeds the applicable Level III prevailing wage of $118,400 for the Boston-Cambridge-Newton, MA NECTA Metropolitan Division, as determined by the Department of Labor. The certified Labor Condition Application (ETA-9035E, Case No. I-20255-12089) confirms BCH's obligations to pay the required wage rate and maintain working conditions consistent with similarly employed U.S. workers.
VII. CONCLUSION
For the foregoing reasons, BCH respectfully requests that USCIS approve this H-1B petition and grant Ms. Santos H-1B nonimmigrant classification in the proffered position for a period of three (3) years, with the right to extend for an additional three-year period.
Dr. Jennifer L. Walsh, J.D.
Associate General Counsel, Immigration Compliance
Boston Children's Hospital
jennifer.walsh@childrens.harvard.edu · (617) 355-6000 x4892
Why this language was chosen
$135,000
Sourced from intake — exceeds DOL Level III prevailing wage ($118,400) for Boston MSA by 14.0%
Cap-Exempt, §214(g)(5)(B)
BCH qualifies as nonprofit affiliated with Harvard Medical School — petition filed outside annual cap
2022, specialty occupation
Risk flag detected — proactive rebuttal language inserted in §IV; prior RFE cited and factually distinguished
M.S. Biochemistry, UNAM
Degree satisfies specialty occupation threshold — foreign credential evaluation (ECE) flagged as recommended
Brigham & Women's, 2019–22
Referenced in §V as favorable USCIS precedent — prior approval supports current specialty classification
I-20255-12089
LCA auto-populated from HR submission — certified and valid through April 2029