dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

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 denied the petition based on the petitioner's failure to prove a need for a second accountant. Although the petitioner provided evidence that the previous accountant had resigned, the AAO found the petitioner did not establish that the duties of the accountant role at this specific small company were complex enough to require a bachelor's degree in a specific specialty.

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 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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dismissed H-1B Case: Accounting

Decision Summary

Criteria Discussed

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