H-1B Dismissed — Information Technology (2020): did not establish it would have a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it would have a valid employer-employee relationship with the beneficiary. Evidence from the end-client contradicted the petitioner's claims, stating a mid-vendor would control the beneficiary's daily work. The petitioner did not provide sufficient detail on how it would supervise, direct, and control the beneficiary's work while they were placed at a third-party site.

Criteria Discussed

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