dismissed
O-1A
dismissed O-1A Case: Psychotherapy
Decision Summary
The appeal was dismissed because the petitioner provided inconsistent information regarding the beneficiary's terms of employment. An initial 'Purchase of Service Agreement' identified the beneficiary as an independent contractor, which conflicted with the petition's claim of a direct employer-employee relationship. The petitioner's attempt to resolve this discrepancy by submitting a new 'Employment Agreement' after receiving an RFE was not found to be credible or sufficient.
Criteria Discussed
Employment Contract Requirements Employer Vs. Agent Relationship Extraordinary Ability In Sciences/Education/Business
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