dismissed
H-1B
dismissed H-1B Case: Restaurants
Decision Summary
The appeal was dismissed because the petitioner, a chain of fast food restaurants, failed to establish that the proffered accountant position qualifies as a specialty occupation. The AAO found that the petitioner did not prove that its business required a full-time accountant or that the duties were complex enough to necessitate a bachelor's degree, concluding they were more aligned with those of a bookkeeper or accounting clerk.
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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