Dismissed
H-1B
H-1B Dismissed — Accounting (2006): did not establish the proffered accountant position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualified as a specialty occupation. The submitted job description was generic and boilerplate, not specific to the petitioner's small import/export business. When requested to provide a detailed description of the actual tasks, the petitioner failed to do so, thus not meeting the burden of proof that the position's duties are complex enough to require a bachelor's degree.
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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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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