H-1B Dismissed — Software (2015): did not establish it meets the regulatory definition of a

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

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