dismissed
H-1B
dismissed H-1B Case: Education
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that it meets the regulatory definition of a 'United States employer.' The Director and the AAO found that the petitioner did not demonstrate that it would have a valid 'employer-employee relationship' with the beneficiary, which requires the ability to hire, pay, fire, supervise, or otherwise control the employee's work.
Criteria Discussed
United States Employer Definition Employer-Employee Relationship
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