dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that it would have a valid employer-employee relationship with the beneficiary. The Director initially denied the petition for this reason, and the AAO affirmed, emphasizing that the common-law master-servant relationship doctrine applies to determine control over the employee's work.
Criteria Discussed
Employer-Employee Relationship
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