dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

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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

Employer-Employee Relationship

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