H-1B Dismissed — Electrical Engineering (2017): 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. Evidence in the record, specifically the beneficiary's tax returns and 1099-MISC forms, indicated that the beneficiary was self-employed and working as an independent contractor, which contradicts the requirements for H-1B status. The petitioner's claims and evidence submitted on appeal regarding the acquisition of another company were deemed insufficient to prove the existence of the required relationship.

Criteria Discussed

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