H-1B Dismissed — Accounting (2006): did not establish the proffered accountant position

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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