H-1B Dismissed — Information Technology (2016): did not establish it would have the requisite

Decision Summary

The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish it would have the requisite employer-employee relationship with the beneficiary. The record indicated the beneficiary would work for a third-party end-client, and the petitioner did not prove it would maintain the necessary right to hire, pay, fire, supervise, or otherwise control the beneficiary's work, as required by regulation.

Criteria Discussed

Sign up free to download the original PDF