dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered accountant position qualifies as a specialty occupation. The AAO found that the petitioner, a residential care facility, did not demonstrate sufficient organizational complexity to warrant a full-time degreed accountant, especially given the existing staff. The petitioner did not prove that the specific duties were so complex or specialized as to require a bachelor's degree, thereby failing to meet any of the four regulatory criteria.

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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