dismissed H-1B Case: Culinary Arts
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of master baker/executive pastry chef qualifies as a specialty occupation. The AAO concluded that a bachelor's degree is not the normal minimum requirement for such a role, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner did not successfully argue that the position was uniquely complex, that the degree requirement was common in the industry, or that the employer normally requires a degree for the position.
Criteria Discussed
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