H-1B Dismissed — Computer Consulting (2006): 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 with the beneficiary. The director found that the petitioner, a consulting company, would not sufficiently supervise and control the beneficiary's work at the third-party client site. The AAO added that without specific contracts or work orders describing the beneficiary's duties, it could not be determined that the proffered position qualified as a specialty occupation.

Criteria Discussed

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