H-1B Dismissed — Computer Science (2006): did not establish a clear employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a clear employer-employee relationship. Conflicting evidence regarding the beneficiary's worksite (the petitioner's office versus an end-client's location) made it impossible to determine who would exercise control over the beneficiary's work. This uncertainty also raised questions about the petitioner's compliance with the terms of the Labor Condition Application (LCA) regarding the work location and offered wage.

Criteria Discussed

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