H-1B Dismissed — Software Development (2015): the Director initially denied the petition for failing to

Decision Summary

The Director initially denied the petition for failing to establish that the proffered position of Software Designer Engineer in Test qualifies as a specialty occupation and that the Petitioner had sufficient work for the requested period. On appeal, the AAO also found that the Petitioner failed to persuasively establish a valid employer-employee relationship, as the beneficiary would be working at a third-party client site and it was unclear if the Petitioner would maintain the right to control the beneficiary's work.

Criteria Discussed

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