dismissed
H-1B
dismissed H-1B Case: Software
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that it meets the regulatory definition of a United States employer, specifically regarding the employer-employee relationship. The petitioner did not prove it would have the right to hire, pay, fire, supervise, or otherwise control the beneficiary's work, which is a key requirement for the H-1B classification.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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