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

Decision Summary

The appeal was dismissed because the Petitioner failed to prove it would have a valid employer-employee relationship with the Beneficiary. The Petitioner did not submit key documents, such as the contract between the vendor and the end-client or the end-client's 'Supplier Handbook,' which were necessary to determine the terms of the Beneficiary's assignment and who would ultimately control the work.

Criteria Discussed

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