dismissed H-1B Case: Computer Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish it qualified as a 'United States employer' as it could not demonstrate a valid employer-employee relationship with the beneficiary. When considered as an agent, the petitioner failed to provide the required itinerary of definite employment, making it impossible to determine if the beneficiary would be engaged in non-speculative, specialty occupation work.
Criteria Discussed
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