Dismissed
H-1B
H-1B Dismissed — Food Service (2006): did not establish the proffered position of marketing
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of marketing manager for a sushi restaurant qualifies as a specialty occupation. The AAO determined that the petitioner did not meet any of the four regulatory criteria, citing the Occupational Outlook Handbook which does not list a specific bachelor's degree as a minimum requirement for marketing or food service managers. Furthermore, evidence submitted by the petitioner, such as a job description requiring only a high school diploma, contradicted their claim that a degree was necessary.
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 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
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