dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish it would exercise a valid employer-employee relationship with the beneficiary. The Director concluded, and the AAO agreed, that the petitioner did not prove it would have the ability to hire, pay, fire, supervise, or otherwise control the work of the employee, which is a key requirement to be considered a 'United States employer' under H-1B regulations.
Criteria Discussed
Employer-Employee Relationship Definition Of U.S. Employer Right To Control
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