Sustained
H-1B
H-1B Sustained — Accounting (2006): the director initially denied the petition because the
Decision Summary
The director initially denied the petition because the proffered accountant position was not deemed a specialty occupation. After an initial dismissal by the AAO and the filing of a lawsuit by the beneficiary, the AAO reopened the case on its own motion. Upon review, the AAO found the position's duties consistent with those of a management accountant, which requires a degree, and therefore concluded the position qualifies as a specialty occupation, withdrawing its prior decision and approving 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
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