dismissed H-1B Case: Culinary Arts
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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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