H-1B Dismissed — Culinary Arts (2006): did not establish the proffered position of executive chef

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of executive chef qualifies as a specialty occupation. The director determined, referencing the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for entry into the occupation. The petitioner also failed to show it was a common industry requirement or that the beneficiary's qualifications were equivalent to a bachelor's degree.

Criteria Discussed

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