Dismissed
H-1B
H-1B Dismissed — Restaurant Management (2005): did not establish the proffered position of Assistant
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
Normal Degree Requirement For Position Degree Common To Industry / Position Is Complex Or Unique Employer Normally Requires Degree Duties Are Specialized And Complex
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →