Sustained
H-1B
H-1B Sustained — Accounting (2004): the director initially denied the petition, finding the
Decision Summary
The director initially denied the petition, finding the proposed accountant position was more akin to a bookkeeper or accounting clerk, which is not a specialty occupation. The AAO reversed this decision, concluding that the duties, which included supervising eight staff members and managing finances for four facilities, were indeed those of an accountant. Citing the Department of Labor's Occupational Outlook Handbook, the AAO confirmed that a bachelor's degree is the normal minimum requirement for an accountant, thereby satisfying the criteria for a specialty occupation.
Criteria Discussed
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex
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