Dismissed
H-1B
H-1B Dismissed — Restaurant Management: did not establish the proffered position of restaurant
Decision Summary
The appeal was dismissed because the petitioner, a food services restaurant, failed to establish that the proffered position of restaurant general manager qualifies as a specialty occupation. The director and the AAO determined that the position did not meet any of the four regulatory criteria, noting that a bachelor's degree in a specific field is not a standard requirement for food service managers according to the Occupational Outlook Handbook.
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 The Position Is So Complex Or Unique That It Requires A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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