dismissed
H-1B
dismissed H-1B Case: Information Technology
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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
Employer-Employee Relationship
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