Dismissed
H-1B
H-1B Dismissed — Restaurant Management (2006): did not establish the proffered restaurant manager position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered restaurant manager position qualifies as a specialty occupation. The AAO, referencing the Occupational Outlook Handbook, found that a bachelor's degree is not the normal minimum requirement for entry into this occupation, as individuals with associate degrees or experience are often hired. The petitioner did not provide sufficient evidence to meet any of the regulatory criteria defining a specialty occupation.
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 Are 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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