dismissed
H-1B
dismissed H-1B Case: Restaurant Management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager qualifies as a specialty occupation. The AAO determined, referencing the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for a food service manager. The petitioner also failed to demonstrate that the duties were uniquely complex or specialized enough to require a degree-holder.
Criteria Discussed
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Nature Of Duties Are So Specialized And Complex They Require A Degree
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