H-1B Remanded — Information Technology (2005): did not establish the petitioner was the beneficiary's

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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