dismissed
H-1B
dismissed H-1B Case: Culinary Arts
Decision Summary
The appeal was dismissed because the petitioner, an Indian restaurant, failed to establish that the proffered position of executive chef qualifies as a specialty occupation. The director and the AAO, referencing the Department of Labor's Occupational Outlook Handbook, concluded that a bachelor's degree is not the normal minimum requirement for such positions, and the petitioner did not prove that the specific duties were sufficiently complex or that a degree was a common industry standard.
Criteria Discussed
Normal Degree Requirement For Position Industry Norm Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.