dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of accountant qualifies as a specialty occupation. The petitioner did not provide requested evidence, such as tax returns or an organizational chart, and gave conflicting descriptions of its business, casting doubt on its ability to employ the beneficiary in the claimed role. Consequently, the petitioner failed to meet any of the regulatory criteria for a specialty occupation.
Criteria Discussed
Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree Or Equivalent For The Position Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree
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