dismissed H-1B Case: Restaurant Management
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position of Assistant Manager at a restaurant qualifies as a specialty occupation. The AAO determined that a bachelor's degree is not the normal minimum requirement for such a position, referencing the Occupational Outlook Handbook. The petitioner did not provide sufficient evidence to meet any of the four regulatory criteria, such as showing an industry-wide degree requirement, a history of hiring degreed individuals, or that the duties were uniquely complex.
Criteria Discussed
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