EB-2 Dismissed — Software Engineering (2007): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The director determined that the petitioner, a staffing company, did not exercise sufficient control over the beneficiary, who was placed at a third-party client site. Furthermore, the petitioner provided inconsistent evidence regarding its corporate relationship with the intermediary company that contracted out the beneficiary's services.

Criteria Discussed

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