Dismissed
H-1B
H-1B Dismissed — Accounting (2005): did not establish the proffered accountant position
Decision Summary
The appeal was dismissed because the petitioner, a small spa and fitness center, failed to establish that the proffered accountant position qualifies as a specialty occupation. The director initially noted the petitioner's small size and the fact they already appeared to employ another accountant, questioning the need for a second one. Although the petitioner clarified the first accountant had left, they did not sufficiently demonstrate that the specific duties of the role were complex enough to require a bachelor's degree in a specific field.
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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