H-1B Dismissed — Software Development (2016): did not establish a valid employer-employee relationship at

Decision Summary

The appeal was dismissed because the petitioner failed to establish a valid employer-employee relationship at the time of filing. The beneficiary was the founder and majority shareholder (92%), which meant he ultimately controlled the board of directors and his own employment. Documents submitted later to alter or clarify the ownership structure were deemed insufficient as they were not provided with the initial petition or were created after the filing date.

Criteria Discussed

Sign up free to download the original PDF