H-1B Dismissed — Information Technology (2015): did not establish it would have a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner, an IT staffing firm, failed to establish that it would have a valid employer-employee relationship with the beneficiary. The decision focused on the petitioner's inability to demonstrate its right to control the beneficiary's work, a key component of the 'United States employer' definition required for the H-1B classification.

Criteria Discussed

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