dismissed
H-1B
dismissed H-1B Case: Food Service
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Decision Summary
The appeal was dismissed because the petitioner, a marketplace and cafe, failed to establish that the proffered position of 'head cook' qualifies as a specialty occupation. The director determined, and the AAO agreed, that the duties described were not sufficiently specialized or complex to require a bachelor's degree in a specific field as a minimum entry requirement for the occupation.
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
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