H-1B Dismissed — Software Development (2020): did not establish it would maintain a valid

Decision Summary

The appeal was dismissed because the Petitioner failed to establish it would maintain a valid employer-employee relationship with the Beneficiary. The submitted contractual agreements indicated that the end-client and mid-vendor would control the Beneficiary's work, designating services and overseeing performance, which contradicted the Petitioner's claims of control.

Criteria Discussed

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