Dismissed
H-1B
H-1B Dismissed — Accounting (2005): 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 proposed duties lacked the complexity of a professional accountant role and were inconsistent with information in the Occupational Outlook Handbook. Furthermore, inconsistencies in the record regarding the petitioner's size and number of employees cast doubt on its ability to support such a position.
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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