dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

Decision Summary

The appeal was dismissed because the petitioner, a small six-bed residential care facility, failed to establish that the proffered accountant position qualifies as a specialty occupation. The director determined, and the AAO agreed, that the described duties were more akin to general bookkeeping and administrative tasks rather than a professional role requiring a bachelor's degree. The petitioner did not prove that the position was sufficiently complex or specialized for its small-scale operations to meet any of the regulatory criteria for 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 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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dismissed H-1B Case: Accounting

Decision Summary

Criteria Discussed

Related Decisions

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