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 accountant/financial analyst qualifies as a specialty occupation. The director and the AAO determined that the duties described were more aligned with those of a bookkeeper or accounting clerk, which do not normally require a bachelor's degree. The petitioner failed to meet any of the four regulatory criteria to prove the position required a specialized degree.
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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