Dismissed
H-1B
H-1B Dismissed — Accounting (2015): did not establish the proffered accountant position
Decision Summary
The appeal was dismissed because the petitioner, a small business operating beauty salons, failed to establish that the proffered accountant position qualifies as a specialty occupation. The AAO concurred with the Director's finding that the evidence did not prove that the duties of the position were sufficiently specialized or complex to necessitate a bachelor's degree in a specific field as a minimum requirement for entry.
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, In The Alternative, An Employer May Show That Its Particular 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 Are 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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