sustained H-1B Case: Computer Science
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Decision Summary
The director initially denied the petition, concluding the petitioner was acting as an agent or staffing company and failed to establish a valid employer-employee relationship. The appeal was sustained because the petitioner provided new evidence demonstrating it develops its own software products in-house, employs the beneficiary at its own worksite, and exercises sufficient control over the beneficiary's work to qualify as a U.S. employer.
Criteria Discussed
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