H-1B Dismissed — Culinary Arts (2021): did not establish the proffered position of 'fusion kitchen

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'fusion kitchen senior chef' qualifies as a specialty occupation. The petitioner did not demonstrate that a bachelor's degree is a minimum requirement for the position, failing to explain how the specialized knowledge in Korean-Chinese fusion cuisine could only be gained through such a degree. The evidence provided, including an expert opinion letter, was insufficient to overcome the Director's findings and Department of Labor data indicating similar positions do not normally require a bachelor's degree.

Criteria Discussed

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