sustained
H-1B
sustained H-1B Case: Accounting
Decision Summary
The director initially denied the petition because the petitioner failed to adequately respond to a Request for Evidence (RFE) concerning its business operations. On appeal, the petitioner provided additional evidence, including an organizational chart, and argued that the record established it was a bona fide employer and that the accountant position qualified as a specialty occupation. The AAO found the new evidence sufficient, sustained the appeal, 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, 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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