H-1B Dismissed — Information Technology (2020): did not establish a valid employer-employee relationship,

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship, lacking evidence that it would direct and control the beneficiary's work at the offsite, end-client location. Furthermore, the petitioner did not prove that definitive, non-speculative specialty occupation work would be available for the beneficiary throughout the requested employment period, as it failed to provide contracts or consistent job descriptions.

Criteria Discussed

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