Dismissed
H-1B
H-1B Dismissed — Accounting: did not establish the proffered accountant position
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered accountant position qualified as a specialty occupation. The petitioner described the job duties in overly generalized and abstract terms, which were insufficient to establish that the position required the theoretical and practical application of knowledge associated with at least a bachelor's degree in a specific specialty. The AAO determined that the described duties could potentially be performed by individuals without a baccalaureate degree, such as bookkeepers or accounting clerks, and the petitioner did not demonstrate otherwise.
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 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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