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 a valid employer-employee relationship with the beneficiary. The analysis centered on whether the petitioner could sufficiently hire, pay, fire, supervise, or otherwise control the work of the beneficiary, as required by regulation and interpreted through common-law agency doctrine.

Criteria Discussed

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