H-1B Dismissed — Software Development (2016): 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 and that the beneficiary would be working in a specialty occupation. The Director initially denied the petition on these grounds, noting issues with the petitioner's ability to control the beneficiary's work at an offsite location with multiple intervening vendors.

Criteria Discussed

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