dismissed
H-1B
dismissed H-1B Case: Construction Material Testing
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered 'Director of Accounting' position qualifies as a specialty occupation. The AAO agreed with the director's finding that the petitioner did not establish that the duties of the position were sufficiently complex to require a bachelor's degree in a specific specialty as a minimum entry requirement.
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 Are 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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