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

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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