H-1B Dismissed — Computer Science (2005): did not establish the proffered position of programmer

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer analyst qualified as a specialty occupation. The director found that the petitioner's business model was to provide temporary labor to a third party, and the petitioner did not prove it would maintain a valid employer-employee relationship by controlling the beneficiary's work.

Criteria Discussed

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