Dismissed
H-1B
H-1B Dismissed — Accounting (2004): did not establish the proposed 'budget accountant' position
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proposed 'budget accountant' position qualifies as a specialty occupation. Although accountant positions generally qualify, the AAO determined that the specific duties described were more consistent with those of a bookkeeper or accounting clerk, which do not typically require a bachelor's degree. The decision emphasized looking beyond the job title to the actual duties in the context of the petitioner's small business.
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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