H-1B Dismissed — Software Development (2015): did not establish it would qualify as a U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it would qualify as a U.S. employer by maintaining an employer-employee relationship with the beneficiary. The Director found, and the AAO agreed, that the evidence did not sufficiently prove the petitioner would supervise or otherwise control the beneficiary's work, particularly as the work was to be performed at a third-party client site.

Criteria Discussed

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