H-1B Dismissed — Information Technology (2019): did not establish it would maintain the requisite

Decision Summary

The appeal was dismissed because the petitioner, an IT consulting company, failed to establish it would maintain the requisite employer-employee relationship with the beneficiary. The evidence did not demonstrate that the petitioner, rather than the end-client where the beneficiary worked, would exercise ultimate control over the beneficiary's day-to-day work, supervision, and assignments.

Criteria Discussed

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