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. The AAO determined, referencing the Department of Labor's Occupational Outlook Handbook, 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 within the industry for similar positions.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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