H-1B Dismissed — Accounting (2016): did not establish the proffered staff accountant position

Decision Summary

The appeal was dismissed because the petitioner failed to prove the proffered staff accountant position qualifies as a specialty occupation. The AAO found that the petitioner, a gas station and convenience store, did not provide sufficient evidence to demonstrate a legitimate need for a full-time, in-house accountant or that the job duties were so specialized and complex as to require a degree in a specific specialty.

Criteria Discussed

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