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

Decision Summary

The appeal was dismissed because the petitioner, an information technology firm, failed to establish a valid employer-employee relationship with the beneficiary. The Director initially denied the petition on these grounds, and the AAO affirmed this decision, focusing on the common-law master-servant doctrine and the petitioner's lack of demonstrated right to control the beneficiary's work.

Criteria Discussed

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