Dismissed
H-1B
H-1B Dismissed — Food Service: did not establish the proffered position of 'food service
Decision Summary
The appeal was dismissed because the petitioner, a seafood restaurant, failed to establish that the proffered position of 'food service manager' qualifies as a specialty occupation. The AAO concurred with the director, citing the Department of Labor's Occupational Outlook Handbook, which indicates that a bachelor's degree in a specific specialty is not the normal minimum requirement for such roles. The petitioner did not successfully argue that the position's duties were uniquely complex or that a degree was a standard requirement for this specific role or within the broader industry.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires Degree Specialized And Complex Duties Requiring A Degree
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