H-1B Dismissed — Software Development (2015): did not establish it qualifies as a U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it qualifies as a U.S. employer by demonstrating a valid employer-employee relationship with the beneficiary. The director found, and the AAO agreed, that the petitioner did not prove it would maintain the right to hire, pay, fire, supervise, or otherwise control the beneficiary's work as required by regulation.

Criteria Discussed

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