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 qualifies as a specialty occupation. The AAO concurred with the director, finding that the described duties were more akin to those of a bookkeeping, accounting, and auditing clerk, which does not normally require a bachelor's degree. Citing the Occupational Outlook Handbook, the AAO concluded the petitioner did not prove that the position was complex enough to necessitate a degree, nor that a degree was a standard industry requirement for similar roles in comparable organizations.
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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