H-1B Dismissed — Information Technology (2020): 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. The evidence showed that the end-client and other vendors in the contractual chain would exercise significant control over the beneficiary's work, including supervision, approval of timesheets, and the right to remove the beneficiary from the project. This undermined the petitioner's claim that it would be the one to hire, pay, fire, supervise, or otherwise control the beneficiary's employment.

Criteria Discussed

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