sustained
H-1B
sustained H-1B Case: Accounting
Decision Summary
The director denied the petition, arguing the proffered accountant position did not qualify as a specialty occupation because its duties resembled those of a bookkeeper, which does not require a bachelor's degree. The AAO sustained the appeal, concluding the petitioner had successfully established that a baccalaureate degree is the normal minimum requirement for the position, thus meeting 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, 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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