Sustained
H-1B
H-1B Sustained — Accounting: the director denied the petition, concluding that the
Decision Summary
The director denied the petition, concluding that the proffered duties were those of a bookkeeper, not an accountant, and thus not a specialty occupation. The AAO sustained the appeal, finding the record established the position as a specialty occupation. The AAO referenced the Occupational Outlook Handbook, which states that a bachelor's degree is required for an accountant, satisfying the criterion that a degree is the normal minimum requirement for the position.
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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