dismissed
H-1B
dismissed H-1B Case: Accounting
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Decision Summary
The appeal was dismissed because the proposed accountant position was not found to be a specialty occupation. The petitioner's own position description stated that only a 2-year degree was required, with a 4-year degree being merely 'desired.' Since a bachelor's degree in a specific specialty was not the minimum requirement for the position, it failed to meet the statutory definition of a 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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