H-1B Dismissed — Culinary Arts (2005): did not establish the proffered position of executive chef

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

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