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 IT consulting company, failed to establish that it would have a valid employer-employee relationship with the beneficiary. The Director initially denied the petition on this basis, and the AAO affirmed, noting that the petitioner did not sufficiently prove it would hire, pay, fire, supervise, or otherwise control the beneficiary's work, particularly given inconsistencies regarding the ultimate worksite.

Criteria Discussed

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