dismissed
H-1B
dismissed H-1B Case: Internet Services
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Decision Summary
The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship. The Director found, and the AAO agreed, that the beneficiary, as the majority stockholder owning over 82% of the company, ultimately controls his own employment. This control negates the petitioner's ability to hire, fire, or supervise the beneficiary, which is a key requirement for the H-1B classification.
Criteria Discussed
Employer-Employee Relationship Right To Control
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