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

Decision Summary

The appeal was dismissed because the petitioner, a small bakery, failed to establish that the proffered position of president and executive chef qualifies as a specialty occupation. The petitioner did not demonstrate that a bachelor's degree is the normal minimum requirement for the position, that the degree requirement is common in the industry for similar roles, or that the duties are sufficiently specialized and complex to necessitate a degree. The AAO affirmed that prior, potentially erroneous, approvals for the beneficiary with other employers are not binding.

Criteria Discussed

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