dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of a part-time accountant qualifies as a specialty occupation. The AAO determined that the described duties were more aligned with those of a bookkeeper or accounting clerk, a role which does not normally require a bachelor's degree in a specific field. Citing the Occupational Outlook Handbook, the AAO concluded the position's scope and complexity did not rise to the level of a professional accountant, thus failing to meet any of the four regulatory criteria for a specialty occupation.

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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