H-1B Dismissed — Computer Software Development (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 it would have a valid employer-employee relationship with the beneficiary. The Director's denial, which the AAO upheld, was based on the petitioner's failure to prove it would adequately supervise or otherwise control the beneficiary's work as an H-1B temporary employee.

Criteria Discussed

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