dismissed
H-1B
dismissed H-1B Case: Culinary Arts
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty occupation. Citing the Occupational Outlook Handbook, the AAO determined that a bachelor's degree is not the normal minimum requirement for entry into the occupation. The petitioner also failed to prove that a degree requirement is common to the industry for parallel positions in similar organizations.
Criteria Discussed
Degree Is Normal Minimum Requirement For The Position Degree Is Common To The Industry Position'S Duties Are So Specialized And Complex They Require A Degree Employer Normally Requires A Degree
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