H-1B Dismissed — Computer Science (2020): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The record lacked sufficient and consistent evidence to prove that the petitioner, rather than the end-client, would exercise the necessary supervision and control over the beneficiary's daily work at the offsite location. Inconsistencies regarding the identity and technical qualifications of the proposed supervisor undermined the petitioner's claim of control.

Criteria Discussed

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