sustained
H-1B
sustained H-1B Case: Accounting
Decision Summary
The director initially denied the petition, concluding that the proffered internal auditor/accountant position for a company owning four gas stations did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the specific duties outlined by the petitioner were sufficiently complex and specialized to require a bachelor's degree in accounting, 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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