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Gauchos Skewer AAO: Fogo de Chao v. DHS (L-1B Specialized Knowledge)

October 22, 2014 (1 min read)

"From 1997 to 2006, the Department of Homeland Security granted Fogo de Chao over 200 L-1B visas for its churrasqueiros.  In 2010, Fogo de Chao sought to transfer another churrasqueiro chef, Rones Gasparetto, to the United States, reasoning that his distinctive cultural background and extensive experience cooking and serving meals in the churrasco style constitute “specialized knowledge.”  The Administrative Appeals Office within the Department of Homeland Security concluded, however, that Gasparetto’s cultural background, knowledge, and training could not, as a matter of law, constitute specialized knowledge.  Unable to discern either (i) a sufficiently reasoned path in the Appeals Office’s strict bar against
culturally based skills, or (ii) substantial evidence supporting its factual finding that Gasparetto did not complete the company training program, we reverse and remand the district court’s grant of summary judgment to the government." - Fogo de Chao v. DHS, Oct. 21, 2014.  [Hats off to Carl Hampe!]

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