H-1B Dismissed — Exercise Physiology (2019): did not establish it would maintain a valid

Decision Summary

The appeal was dismissed because the petitioner, a therapy services staffing company, failed to establish it would maintain a valid employer-employee relationship with the beneficiary at the end-client's location. The evidence was insufficient and contained inconsistencies regarding the terms of employment, job title, and work locations, failing to prove the petitioner would adequately control and supervise the beneficiary's work.

Criteria Discussed

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