H-1B Dismissed — Information Technology (2015): did not establish eligibility on multiple grounds

Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility on multiple grounds. The director found, and the AAO agreed, that the petitioner did not prove the proffered 'Programmer Analyst' position qualifies as a specialty occupation. Furthermore, the petitioner failed to establish that it would maintain a valid employer-employee relationship with the beneficiary, lacking sufficient proof of its right to control the beneficiary's work, especially in a third-party client placement scenario.

Criteria Discussed

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