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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to establish that the proffered position of executive chef qualifies as a specialty occupation. The AAO found, consistent with the director's decision and the Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for such a position. The petitioner did not prove that a degree is a common industry standard, that the company normally requires a degree, or that the duties were uniquely complex enough to necessitate a degree.

Criteria Discussed

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