Published AAO appeal decisions

A law office sought to employ an accountant as an H-1B specialty occupation worker, not O-1A. The director denied the petition. The AAO dismissed the appeal because the position resembled a bookkeeping or accounting clerk role that does not require a bachelor's degree in a specific specialty, and no specialty occupation criterion was satisfied.

An accountant position offered by a merchandise wholesaler was filed as an H-1B specialty occupation petition, not an extraordinary ability petition. The employer argued the job requires a bachelor's degree in accounting. The appeal was dismissed because the duties were described generally and none of the four specialty occupation criteria was shown.

A newly formed company sought to employ a chief financial officer for a planned retail food store, classified as a specialty occupation worker under the H-1B category. The AAO dismissed the appeal because the duties and the start-up's circumstances did not show the position required a specific bachelor's degree. This is not an O-1A matter.

A staffing company sought to employ a respiratory therapist under the H-1B specialty occupation classification, not O-1A. The director denied the petition for lack of required state licensure. The AAO dismissed the appeal, finding no license and no showing that the position qualifies as a specialty occupation under any criterion.

A corporation filed for H-1B extension of a systems analyst beneficiary. The AAO upheld dismissal because the petitioner failed to establish the beneficiary would actually perform specialty occupation duties or that the petitioner was the beneficiary's agent; this was H-1B, not O-1A.