H-1B Dismissed — Information Technology (2006): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship existed, failing to provide contracts or other evidence to demonstrate its control over the beneficiary's work. Additionally, the petitioner did not overcome findings that it had failed to comply with the terms of its labor condition applications for previously approved H-1B beneficiaries, particularly regarding the prohibited practice of 'benching' employees without pay.

Criteria Discussed

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