dismissed
H-1B
dismissed H-1B Case: Restaurant Management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered general manager position at its Thai restaurant qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for food service managers and the petitioner failed to satisfy any of the four regulatory criteria.
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 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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