Sustained
H-1B
H-1B Sustained — Accounting (2006): the director denied the petition, finding the accountant
Decision Summary
The director denied the petition, finding the accountant position was not a specialty occupation because the petitioner's business was not complex enough and the duties were more akin to those of a financial clerk. The AAO sustained the appeal, finding that the specific duties were sufficiently specialized and complex to require a bachelor's degree, especially when considering the petitioner's substantiated income and number of employees, thus meeting the criteria for a specialty occupation.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Nature Of Duties Beneficiary'S Qualifications
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