dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish it meets the regulatory definition of a U.S. employer. Specifically, the petitioner did not prove it would have an employer-employee relationship with the beneficiary, as indicated by the ability to hire, pay, fire, supervise, or otherwise control the work of the employee.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship
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