H-1B Dismissed — Information Technology (2017): did not establish it would have a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner, an information technology solutions provider, failed to establish it would have a valid employer-employee relationship with the beneficiary. The Director initially denied the petition on this basis, and the AAO concurred, finding the petitioner did not prove it would sufficiently hire, pay, fire, supervise, or otherwise control the beneficiary's work, particularly as the beneficiary was to be assigned to a third-party client's location.

Criteria Discussed

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