dismissed
H-1B
dismissed H-1B Case: Finance
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed position qualified as a specialty occupation. The AAO determined that although the position was titled 'financial analyst', the actual duties described were more aligned with those of a bookkeeping or accounting clerk, which is not an occupation that normally requires a bachelor's degree.
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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