H-1B Dismissed — Information Technology (2017): did not establish it maintained a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it maintained a valid employer-employee relationship with the beneficiary. The Director's initial denial was based on the petitioner's inability to prove it could hire, pay, fire, supervise, or otherwise control the beneficiary's work, a key requirement for H-1B petitions, especially in third-party placement scenarios.

Criteria Discussed

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