dismissed H-1B

dismissed H-1B Case: Culinary Arts

📅 Date unknown 👤 Company 📂 Culinary Arts

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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

Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex As To Require A Degree

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