dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that it would maintain the requisite employer-employee relationship with the beneficiary. The petitioner did not provide sufficient documentation to show how it would control and supervise the beneficiary's work at an off-site, end-client location. The evidence suggested that the end-client would be supervising the beneficiary, undermining the petitioner's claim of control.
Criteria Discussed
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