Sustained
H-1B
H-1B Sustained — Accounting (2006): the director initially denied the petition, concluding the
Decision Summary
The director initially denied the petition, concluding the proffered accountant position was akin to an accounting clerk. On appeal, the petitioner successfully argued that the position was a specialty occupation by providing a more detailed breakdown of duties, including implementing new accounting and inventory methods, developing company-wide software programs, and conducting internal audits, which demonstrated the complexity of the role within a large company.
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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