H-1B Dismissed — Computer Science (2017): did not establish it would have a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that it would have a valid employer-employee relationship with the beneficiary. The Director initially denied the petition on this basis, as well as on the position not qualifying as a specialty occupation. The AAO's de novo review affirmed the denial, focusing on the petitioner's failure to meet the regulatory definition of a 'United States employer' by not proving it would sufficiently control the beneficiary's work.

Criteria Discussed

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