H-1B Dismissed — Software Consulting (2017): did not establish it would have a valid employer-employee

Decision Summary

The appeal was dismissed because the petitioner did not establish that it would have a valid employer-employee relationship with the beneficiary. The petitioner, a consulting firm, failed to demonstrate that it would sufficiently hire, pay, fire, supervise, or otherwise control the beneficiary's work, as required by the regulations and common law standards.

Criteria Discussed

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