Dismissed H-1B

H-1B Dismissed โ€” Apparel Distribution (2005): did not establish the proposed internal auditor/accountant

๐Ÿ“… 2005-12-27 ๐Ÿ‘ค Company ๐Ÿ“‚ Apparel Distribution

Decision Summary

The appeal was dismissed because the petitioner failed to prove the proposed internal auditor/accountant position qualifies as a specialty occupation. The AAO concluded that the petitioner's company, an apparel importer, lacked the organizational complexity to require the services of a full-time professional accountant. The described duties were deemed to be primarily basic bookkeeping and clerical work, not duties so complex as to require a bachelor's degree in a specific specialty.

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 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
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Research more H-1B decisions on MeritDraft

Browse AAO decisions by visa type, outcome, and criteria discussed.

Browse Decisions โ†’