dismissed H-1B Case: Software Development
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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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