H-1B Dismissed — Restaurant (2006): did not establish the position of 'specialty chef'

Decision Summary

The appeal was dismissed because the petitioner, a German restaurant, failed to demonstrate that the position of 'specialty chef' qualifies as a specialty occupation. The petitioner could not prove that a bachelor's degree is the normal minimum requirement for the position, is common in the industry for similar roles, or is normally required by the petitioner itself. Furthermore, the petitioner did not establish that the duties were so specialized or complex as to require a degree.

Criteria Discussed

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