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 prove the proffered accountant position qualified as a specialty occupation. The AAO determined that the petitioner's business was not of a scale or complexity that required the services of an accountant with a degree, and that the duties combined professional accounting with basic bookkeeping. Additionally, the director found inconsistencies in the record, questioning the reliability of the evidence provided.
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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