Sustained
H-1B
H-1B Sustained — Accounting (2006): the director initially denied the petition based on a
Decision Summary
The director initially denied the petition based on a perceived lack of credibility, citing a discrepancy between the number of employees listed on the petition (2,200) and state wage reports (51). The petitioner successfully clarified on appeal that the wage reports only covered the corporate headquarters where the beneficiary would work, not all of its facilities. The AAO found this explanation credible, withdrew the director's adverse finding, and sustained the appeal.
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. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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