L-1A Remanded — Software Development (2016): the Director denied the petition because the beneficiary

Decision Summary

The Director denied the petition because the beneficiary had indicated he was 'Self Employed' on a prior visa application, suggesting he did not have the required one year of employment with the foreign entity. The AAO remanded the case, finding that the petitioner made a credible argument that a de facto employer-employee relationship existed based on the foreign company's right to control the beneficiary's work, despite the beneficiary being paid as a contractor through a sole proprietorship.

Criteria Discussed

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