dismissed H-1B Case: Accounting
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Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered accountant position qualifies as a specialty occupation. The AAO concurred with the director's findings that the petitioner's small size and lack of organizational complexity meant the beneficiary would likely perform non-specialty duties. Furthermore, the petitioner's scale of business did not appear to require a full-time professional accountant, especially since it already utilized an outside accounting firm.
Criteria Discussed
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