Sustained
H-1B
H-1B Sustained — Food Service Management: the director initially denied the petition, stating the
Decision Summary
The director initially denied the petition, stating the food service manager position was not a specialty occupation. The AAO sustained the appeal, finding that for this specific petitioner—a large restaurant operation with 170 employees—the duties were complex enough to require a baccalaureate degree, particularly as the beneficiary would supervise four general managers at different locations.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex That They Require A Degree
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