sustained
H-1B
sustained H-1B Case: Accounting
Decision Summary
The appeal was sustained on a motion to reconsider after the AAO's initial dismissal. The petitioner provided new evidence, including expert opinions from a CPA and a finance professor, and clarified previous discrepancies regarding its organizational structure and employee count. The AAO found that the totality of the evidence established that the proffered accountant position is a specialty occupation normally requiring a bachelor's degree.
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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