sustained
H-1B
sustained H-1B Case: Telecommunications
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Decision Summary
The appeal was sustained because the AAO disagreed with the director's finding that the Chief Financial Officer position was clerical. The AAO determined that the duties of the proffered position were consistent with those of a 'financial manager' or 'controller' as described in the Department of Labor's Occupational Outlook Handbook, which are recognized as specialty occupations requiring a degree.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1): Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2): 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. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3): The Employer Normally Requires A Degree Or Its Equivalent For The Position. 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4): The Nature Of The Specific Duties Are 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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