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 '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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