Dismissed
H-1B
H-1B Dismissed — Culinary Arts (2005): did not establish the proffered position of a Japanese chef
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of a Japanese chef qualifies as a specialty occupation. The petitioner required three years of work experience, not a bachelor's degree, and could not prove that a degree is the normal minimum requirement for the position, is common to the industry, or is necessitated by the complexity of the duties.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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