H-1B Dismissed — Information Technology (2016): 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, 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

Sign up free to download the original PDF