Remanded
H-1B
H-1B Remanded — Accounting (2005): the AAO found that the director erred in concluding the
Decision Summary
The AAO found that the director erred in concluding the proffered accountant position was not a specialty occupation, citing the Occupational Outlook Handbook and the complexity of the duties. However, the petition was remanded because the record lacked a credential evaluation for the beneficiary's foreign degree, making it impossible to determine if she was qualified for the position.
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 Beneficiary'S Qualifications To Perform The Duties Of A Specialty Occupation
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