Dismissed
H-1B
H-1B Dismissed — Accounting (2006): did not establish the proposed accountant position
Decision Summary
The appeal was dismissed because the petitioner, a specialty food store, failed to establish that the proposed accountant position qualifies as a specialty occupation. The director and the AAO determined that the petitioner's business did not have the organizational complexity or scale to require the services of a professional accountant. The duties were found to more closely resemble those of a bookkeeper, a position that does not typically require a bachelor's degree, and the petitioner did not meet any of the four regulatory criteria for a specialty occupation.
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 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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