Sustained
H-1B
H-1B Sustained — Culinary Arts: the AAO found that the petitioner, a highly-awarded gourmet
Decision Summary
The appeal was sustained because the AAO found that the petitioner, a highly-awarded gourmet restaurant, successfully established that the senior pastry sous chef position qualified as a specialty occupation. The petitioner demonstrated that the duties, which included extensive human resource, kitchen, financial, and culinary management, were so specialized and complex that the knowledge required is usually associated with a bachelor's degree. This was supported by expert opinion letters, including one from a former White House Pastry Chef.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
📄 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 →