H-1B Dismissed — Software Engineering (2015): did not establish a valid employer-employee relationship

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a valid employer-employee relationship would exist with the beneficiary. The director found, and the AAO agreed, that the petitioner did not demonstrate it had standing as the beneficiary's prospective U.S. employer, specifically lacking the requisite ability to hire, pay, fire, supervise, or otherwise control the beneficiary's work.

Criteria Discussed

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