remanded H-1B Case: Information Technology
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Decision Summary
The director denied the petition for failing to establish that the petitioner was the beneficiary's employer or agent, primarily because the petitioner did not submit third-party client contracts. The petitioner argued on appeal that the position was for an in-house project, not client-based consulting. The AAO found the director's decision was based on the incorrect premise of a third-party worksite and remanded the case for a new decision based on the evidence provided for an in-house position.
Criteria Discussed
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