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 establish that the proffered position of assistant manager at a restaurant qualifies as a specialty occupation. The AAO found that a bachelor's degree is not a normal minimum requirement for the position according to the Occupational Outlook Handbook. The petitioner also failed to demonstrate it was an industry standard, that the company normally requires a degree for the role, or that the duties were uniquely complex.
Criteria Discussed
Normal Degree Requirement For Position Industry Standard Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties
📄 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 →