dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship with the beneficiary. The evidence of record did not demonstrate that the petitioner would maintain the right to hire, pay, fire, supervise, or otherwise control the beneficiary's work, a necessary element to be considered a 'United States employer' for H-1B purposes.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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