remanded H-1B Case: Restaurant Management

I 
U.S. Citizenship 
and Immigration 
Services 
In Re: 11324263 
Service Motion on Administrative Appeals Office Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 27, 2020 
The Petitioner , an Indian restaurant, seeks to temporarily employ the Beneficiary as a "general 
operations manager" under the H-lB nonirnrnigrant classification for specialty occupations . The 
matter is before us on remand from the United States District Court for the District of Rhode Island 
("the Court"). I I 
The Director of the Vermont Service Center denied the petition, concluding that the proffered position 
is not a specialty occupation. The Petitioner filed a timely appeal, which we dismissed. 
The Court determined that we dismissed the appeal in error. In particular, the Court found that we too 
narrowly interpreted the statutory definition of the term "specialty occupation" at section 214(i)(l) of 
the Immigration and Nationality Act, 8 U.S.C. § 1184(i)(l) . The Court reversed our decision and 
remanded the matter to us for further proceedings consistent with its order. 
In accordance with the Court's order, we hereby reopen this matter pursuant to 8 C.F.R. § 103.5(a)(5) 
and withdraw our decision dated March 21 , 2019. The matter will be remanded to the Director of the 
Vermont Service Center for entry of a new decision consistent with the Court's order datedl I 
2020. 
ORDER: The decision of the Administrative Appeals Office is withdrawn . The matter is 
remanded to the Director of the Vermont Service Center for the entry of a new decision 
consistent with the foregoing analysis.