H-1B Dismissed — Software Development (2016): did not establish it meets the regulatory definition of a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it meets the regulatory definition of a United States employer. The decision focused on whether a valid employer-employee relationship existed, particularly the petitioner's right to control the beneficiary's work at a third-party client site. Beyond the initial denial reason, the AAO also noted it would address if the position qualifies as a specialty occupation and if the beneficiary is qualified.

Criteria Discussed

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