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

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, as it did not provide evidence of its right to control the beneficiary's work. Furthermore, the petitioner did not demonstrate compliance with Labor Condition Application (LCA) requirements, admitting to the prohibited practice of not paying employees during non-productive "bench time," and failed to submit a required itinerary of employment.

Criteria Discussed

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