dismissed
H-1B
dismissed H-1B Case: Culinary Arts
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of a chef qualifies as a specialty occupation. The decision references the Department of Labor's Occupational Outlook Handbook, which indicates that a bachelor's degree is not the normal minimum requirement for chef positions. The petitioner did not establish any of the four regulatory criteria required to classify the position as a specialty occupation.
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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