H-1B Dismissed — Software Development (2016): did not establish it maintained the requisite

Decision Summary

The appeal was dismissed because the petitioner, a software consulting company, failed to establish that it maintained the requisite employer-employee relationship with the beneficiary. A site visit and subsequent evidence revealed the beneficiary was placed at third-party client sites, and contracts indicated the end-client's management would direct the beneficiary's work. The petitioner did not prove it had the right to control the beneficiary's employment, which is a core requirement for the H-1B classification.

Criteria Discussed

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