dismissed
H-1B
dismissed H-1B Case: Accounting
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proposed accountant position qualifies as a specialty occupation. The AAO agreed with the director that the petitioner's business did not have the organizational complexity or scale to require the services of an accountant, and the duties described were more aligned with those of a bookkeeper, which does not require a bachelor's degree.
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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