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 agreed 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 entry into this occupation. The petitioner did not successfully demonstrate that the position met any of the four regulatory criteria for a specialty occupation.
Criteria Discussed
Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Is Specialized And Complex
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