H-1B Dismissed — Internet Services (2016): did not establish a valid employer-employee relationship

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

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