H-1B Dismissed — Computer Science (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. Although the AAO found that an employer-employee relationship existed, it determined the petitioner was an employment contractor and did not submit a required itinerary of definite employment, including dates and locations of services, despite a specific request from the director.

Criteria Discussed

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