H-1B Sustained — Computer Science (2006): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established it was a 'United States employer' exercising sufficient control over the beneficiary, and instead appeared to be an agent who failed to provide a required itinerary. On appeal, the petitioner provided new evidence, including timesheets and product specification documents, which demonstrated that the beneficiary would work at the petitioner's own worksite on its software products, thus establishing the necessary employer-employee relationship. The AAO found this evidence sufficient to qualify the petitioner as a U.S. employer and sustained the appeal.

Criteria Discussed

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