L-1A Sustained — Insurance (2016): the AAO found that the petitioner successfully established

Decision Summary

The appeal was sustained because the AAO found that the petitioner successfully established an employer-employee relationship with the beneficiary abroad, despite a 'service agreement' that suggested an independent contractor status. The AAO determined that, under the common-law test, factors such as the company's control, provision of office space and tools, and salary structure outweighed the contractual language, thus overcoming the sole basis for the initial denial.

Criteria Discussed

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