H-1B Dismissed — Information Technology (2016): did not establish it met the regulatory definition of a

Decision Summary

The appeal was dismissed because the petitioner, a software development and IT services firm, failed to establish that it met the regulatory definition of a 'United States employer.' Specifically, the petitioner did not prove it would maintain a valid employer-employee relationship with the beneficiary, as indicated by the ability to hire, pay, fire, supervise, or otherwise control the work of the employee.

Criteria Discussed

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