H-1B Dismissed — Information Technology (2007): did not establish it qualified as the beneficiary's U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish it qualified as the beneficiary's U.S. employer, specifically regarding its ability to control the beneficiary's work at a third-party client site. The petitioner also failed to provide sufficient evidence, such as valid client contracts, to prove that a specialty occupation position was actually available for the beneficiary at the location specified on the Labor Condition Application at the time of filing.

Criteria Discussed

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