Sustained
H-1B
H-1B Sustained — Accounting (2006): the director denied the petition, concluding the proposed
Decision Summary
The director denied the petition, concluding the proposed accountant position was essentially a bookkeeper role and not a specialty occupation. The AAO sustained the appeal, finding that the duties, including supervising a staff of eight, were consistent with those of an accountant. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree is a normal requirement for an accountant, thereby satisfying the criteria for a specialty occupation.
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 The 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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