dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupation. The petitioner provided conflicting descriptions of its business and failed to submit requested evidence, such as tax returns, wage reports, or an organizational chart, thus failing to prove it had a genuine need for a professional accountant.
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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