dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

Decision Summary

The appeal was dismissed because the petitioner, a sporting goods company, failed to establish that the proffered part-time accountant position is a specialty occupation. The director found that the company did not have the organizational complexity to require a professional accountant, and many of the proposed duties were basic bookkeeping tasks. The AAO agreed, concluding that the petitioner did not meet any of the four regulatory criteria required to classify the position 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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