H-1B Dismissed — Computer Science (2016): did not establish it met the regulatory definition of a

Decision Summary

The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that it met the regulatory definition of a 'United States employer.' Specifically, the evidence of record did not demonstrate that the petitioner would maintain a valid employer-employee relationship with the beneficiary, as it could not prove sufficient right to hire, pay, fire, supervise, or otherwise control the work of the beneficiary who was to be placed at a third-party, end-client worksite.

Criteria Discussed

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