Dismissed
H-1B
H-1B Dismissed — Hospitality (2015): the AAO found that the Director's decision to revoke the
Decision Summary
The appeal was dismissed because the AAO found that the Director's decision to revoke the petition's approval was correct. The petitioner failed to establish that the proffered position of a food service manager qualifies as a specialty occupation, which requires a bachelor's degree or higher in a specific field as a minimum entry requirement. Despite the petitioner's arguments about the insufficiency of the revocation notice, the AAO determined that the petitioner had the opportunity to address the issue on appeal but failed to overcome the grounds for revocation.
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, In The Alternative, An Employer May Show That Its Particular 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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