dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupation. The director and AAO determined that the proposed duties were more akin to those of a bookkeeper, an occupation that does not require a bachelor's degree. The petitioner did not prove that the position met any of the four regulatory criteria, such as normally requiring a degree or being so complex as to necessitate one.
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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