dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

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Decision Summary

The appeal was dismissed because the petitioner, a newly operational car accessory company with no employees and no documented income, failed to establish that the proffered accountant position qualified as a specialty occupation. The AAO concluded that without any business operations or financial information to analyze, the proposed duties did not appear sufficiently complex to require a bachelor's degree in a specific specialty, and the petitioner did not provide sufficient documentary evidence to prove 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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