H-1B Dismissed — Software Development (2015): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the beneficiary for off-site work. Additionally, the petitioner did not prove that the proffered 'QA Lead' position qualifies as a specialty occupation, in part due to the lack of specific project details or a Statement of Work from the end-client.

Criteria Discussed

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