dismissed H-1B

dismissed H-1B Case: Culinary Arts

📅 Date unknown 👤 Company 📂 Culinary Arts

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of Executive Chef qualifies as a specialty occupation. The AAO, referencing the Department of Labor's Occupational Outlook Handbook, determined that a bachelor's degree in a specific specialty is not a normal minimum requirement for this occupation. The petitioner did not prove that the position was sufficiently complex or that a degree requirement was common in the industry for similar roles.

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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dismissed H-1B Case: Culinary Arts

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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