Remanded
H-1B
H-1B Remanded — Auditing (2005): the director denied the petition, finding that the proposed
Decision Summary
The director denied the petition, finding that the proposed auditor position was similar to a clerical role and not a specialty occupation. The AAO determined the director's decision was based on flawed reasoning, such as the petitioner's organizational complexity. The AAO concurred with the petitioner that the evidence established the position's duties were consistent with a professional auditor role requiring a degree, and therefore remanded the case for a new decision.
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 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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