H-1B Dismissed — Software Quality Assurance (2015): did not establish two independent grounds for eligibility

Decision Summary

The appeal was dismissed because the petitioner failed to establish two independent grounds for eligibility. The director determined the petitioner did not prove it would maintain the required employer-employee relationship with the beneficiary, specifically regarding the right to control the work. Additionally, the director found that the petitioner had not established that the beneficiary was qualified to perform the duties of the claimed specialty occupation.

Criteria Discussed

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