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 concluded that the duties described were more consistent with those of a bookkeeper or accounting clerk, which do not normally require a bachelor's degree in a specific field. The small size of the petitioner's business also weighed against the need for a professional accountant, and the petitioner did not satisfy 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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