dismissed H-1B

dismissed H-1B Case: Food Service

📅 Date unknown 👤 Company 📂 Food Service

Avoid this H-1B denial in your own petition.

No credit card. Generate your first draft in minutes.

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of food service director qualifies as a specialty occupation. The AAO found, citing the Occupational Outlook Handbook, that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation. The petitioner's evidence, including letters from other restaurants and job advertisements, was deemed unpersuasive in establishing an industry-wide degree requirement or that the position was particularly complex.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

Avoid the mistakes that led to this denial

MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.

Start a Stronger Draft →

No credit card required. Generate your first petition draft in minutes.

dismissed H-1B Case: Food Service

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

Avoid the mistakes that led to this denial