H-1B Dismissed — Computer Science (2017): 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' under 8 C.F.R. § 214.2(h)(4)(ii). Specifically, the petitioner did not prove it would maintain the necessary employer-employee relationship with the beneficiary, failing to show it would sufficiently hire, pay, fire, supervise, or otherwise control the beneficiary's work.

Criteria Discussed

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