H-1B Dismissed — Culinary Arts (2020): did not establish the proffered executive chef position

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered executive chef position qualifies as a specialty occupation, meaning it does not require a bachelor's degree in a specific specialty. The evidence provided, such as job advertisements and letters from industry professionals, was deemed insufficient to prove an industry-wide standard. Additionally, the petition was found deficient for offering a wage below the required prevailing wage and because the beneficiary lacked the requisite educational qualifications.

Criteria Discussed

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