Sustained
H-1B
H-1B Sustained — Clothing Import/Export (2006): the director denied the petition, concluding the proposed
Decision Summary
The director denied the petition, concluding the proposed accountant role was not a specialty occupation and more closely resembled a bookkeeper position. The AAO sustained the appeal, finding that the position qualified as a specialty occupation because the Department of Labor's Occupational Outlook Handbook states that a bachelor's degree is a standard requirement for accountants. The AAO also noted that the petitioner's high-volume business, with over $8 million in annual gross income and complex cost-management needs, justified the requirement for a degreed professional.
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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