H-1B Dismissed — Software (2017): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the beneficiary. The Director's initial denial was based on this deficiency, and upon de novo review, the AAO agreed, finding that the petitioner did not demonstrate sufficient right to control the beneficiary's work as required by common-law agency doctrine.

Criteria Discussed

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