H-1B Dismissed — Restaurant (2004): did not establish the proffered position of Human Resource

Decision Summary

The appeal was dismissed because the petitioner, a fast-food restaurant business with two locations, failed to establish that the proffered position of Human Resource Director qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO concluded that a bachelor's degree in a specific specialty is not a standard minimum requirement for such a position. The duties were not considered sufficiently specialized or complex for a business of the petitioner's small scale to necessitate an individual with a degree.

Criteria Discussed

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