dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Organization 📂 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 the AAO determined that the duties were more aligned with those of a bookkeeping or auditing clerk, a role which does not typically require a bachelor's degree. The petitioner's business was not considered sufficiently complex to justify a dedicated accountant, and the evidence submitted did not prove a degree was a common requirement for similar positions in the industry.

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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dismissed H-1B Case: Accounting

Decision Summary

Criteria Discussed

Related Decisions

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