dismissed
H-1B
dismissed H-1B Case: Accounting
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Decision Summary
The appeal was dismissed because the petitioner, a staffing company, failed to provide a sufficiently detailed description of the specific duties the beneficiary would perform at the client's site. Without a detailed description of duties, the petitioner could not establish that the proffered 'budget accountant' position qualified as a specialty occupation meeting any of the regulatory criteria.
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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