H-1B Dismissed — Computer Science (2015): did not establish it qualifies as a 'United States

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it qualifies as a 'United States employer' by demonstrating it would have a valid employer-employee relationship with the beneficiary. The Director found, and the AAO agreed, that the petitioner did not prove it would hire, pay, fire, supervise, or otherwise control the beneficiary's work, particularly as the beneficiary was slated to work at an end-client's site.

Criteria Discussed

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