dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of budget accountant qualifies as a specialty occupation. The director determined the duties were more akin to those of a bookkeeping or accounting clerk, a role that does not normally require a bachelor's degree. The petitioner did not prove that a degree is a normal industry requirement, that its specific duties were uniquely complex, or that it normally requires a degree for the 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 The 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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