dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the petitioner, an auto parts retailer, failed to establish that the proffered accountant position qualifies as a specialty occupation. The director found, and the AAO agreed, that the primary duties were more aligned with those of a bookkeeping clerk rather than a professional accountant. The petitioner's business was not deemed to have the organizational complexity or scale to require the services of a degreed accountant.
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 Them Is Usually Associated With A Bachelor'S Degree Or Higher
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