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 establish that the proffered accountant position qualifies as a specialty occupation. The AAO determined that the described duties, such as payroll processing and reconciling accounts, were more aligned with those of a bookkeeper or financial clerk, which do not normally require a bachelor's degree in a specific specialty. The duties were not deemed sufficiently specialized or complex to meet the regulatory criteria for an H-1B 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 Or The 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 Are 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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