H-1B Dismissed — Fuel Cell Engineering (2020): did not establish sufficient evidence from the end-client

Decision Summary

The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence from the end-client to prove the proffered position was a specialty occupation. The petitioner did not submit detailed evidence of the end-client's job requirements, preventing a determination on the nature of the work. Additionally, the petitioner failed to establish a valid employer-employee relationship, as it did not demonstrate sufficient control over the beneficiary's work at the third-party site.

Criteria Discussed

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