Dismissed
H-1B
H-1B Dismissed — Accounting (2005): the AAO determined the proffered 'budget accountant'
Decision Summary
The appeal was dismissed because the AAO determined the proffered 'budget accountant' position did not qualify as a specialty occupation. The AAO compared the job duties to the Department of Labor's Occupational Outlook Handbook and found they were more consistent with a bookkeeper or accounting clerk, positions that do not normally require a bachelor's degree. The petitioner failed to establish that the duties were sufficiently complex or specialized to necessitate a degree in a specific field.
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 Are 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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