H-1B Dismissed — Information Technology (2015): did not establish two key H-1B requirements

Decision Summary

The appeal was dismissed because the petitioner failed to establish two key H-1B requirements. The primary issue discussed was the petitioner's failure to prove a valid employer-employee relationship, specifically that it would have the right to hire, pay, fire, supervise, or otherwise control the beneficiary's work. The decision also notes that whether the proffered position qualifies as a specialty occupation was a secondary issue under review.

Criteria Discussed

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