dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary, who was to be placed at a third-party worksite. The evidence was insufficient to prove that the petitioner, rather than the end-client, would supervise and control the beneficiary's work. Additionally, the petitioner did not demonstrate that the proffered position qualified as a specialty occupation.
Criteria Discussed
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