dismissed
H-1B
dismissed H-1B Case: Software Development
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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
Employer-Employee Relationship
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