Dismissed
H-1B
H-1B Dismissed — Accounting (2006): did not establish the proffered position of accountant
Decision Summary
The appeal was dismissed because the petitioner, a medical clinic, failed to establish that the proffered position of accountant qualified as a specialty occupation. The director determined the petitioner's organizational structure and scale of business did not require the services of a professional accountant. While the AAO disagreed with parts of the director's reasoning, it ultimately concurred that the evidence of record did not meet any of the regulatory criteria to classify the position as 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 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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