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

Decision Summary

The appeal was dismissed because the petitioner, a consulting company, failed to establish a valid employer-employee relationship. The Director concluded, and the AAO affirmed, that the petitioner did not demonstrate it would sufficiently supervise or otherwise control the work of the beneficiary, who was placed to work off-site at an end-client's location.

Criteria Discussed

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