Remanded
H-1B
H-1B Remanded — Auditing (2005): the AAO found that the proffered auditor position qualified
Decision Summary
The AAO found that the proffered auditor position qualified as a specialty occupation, disagreeing with the director's denial. The AAO determined the position meets the criterion that a bachelor's degree is a normal minimum requirement, citing the Department of Labor's Occupational Outlook Handbook and the complexity of the petitioner's business. However, the case was remanded for the director to determine if the beneficiary is qualified for the position, as the required credential evaluation for the beneficiary's foreign degree was missing from the record.
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 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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