Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field

Disclaimer:

PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation.  In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.  We were able to show that although the employee's qualifying degree was not specifically in accounting, it was in an equivalent field with a shared body of specialized knowledge. The petition was approved shortly after filing the response.

Status: We were able to show that although the employee's qualifying degree was not specifically in accounting, it was in an equivalent field with a shared body of specialized knowledge. The petition was approved shortly after filing the response.

 

 

Immigration Law

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