sustained
H-1B
sustained H-1B Case: Accounting
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Decision Summary
The appeal was sustained because the AAO disagreed with the director's finding that the proffered position did not qualify as a specialty occupation. The director had argued that the petitioner's business was not complex enough to require an accountant and that the duties were more akin to bookkeeping, but the AAO overturned this decision and approved the petition.
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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