Sustained
H-1B
H-1B Sustained — Accounting (2006): the director initially denied the petition, finding the
Decision Summary
The director initially denied the petition, finding the proposed accountant position was essentially a bookkeeping or clerk role. The AAO sustained the appeal after the petitioner provided evidence clarifying the role's duties and demonstrating that clerical tasks were handled by others, thus establishing the position as a professional accountant. The AAO concluded, by consulting the Occupational Outlook Handbook, that the position qualifies as a specialty occupation as it normally requires a bachelor's degree in accounting.
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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