H-1B Sustained — Software Consulting (2006): the AAO found sufficient evidence of an employer-employee

Decision Summary

The appeal was sustained because the AAO found sufficient evidence of an employer-employee relationship, noting the petitioner would pay the beneficiary's salary and retained the right to terminate employment. Additionally, the AAO determined that the nature of the beneficiary's proposed duties as a systems analyst for the end-client was specialized and complex enough to require a bachelor's degree, thereby qualifying the position as a specialty occupation.

Criteria Discussed

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