Remanded
H-1B
H-1B Remanded — Auditing (2005): the director denied the petition, asserting the proposed
Decision Summary
The director denied the petition, asserting the proposed auditor duties were similar to those of a clerk and did not constitute a specialty occupation. The AAO found that the director's reasoning was flawed and that the petitioner had submitted sufficient evidence to establish that the proffered position's duties aligned with the professional auditor occupation as described in authoritative sources. The case was remanded for a new decision based on this finding.
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 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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