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In re _______ [The Case of the Missing Labor Condition Applications]

Administrative Appeals Office

2008 Immig. Rptr. LEXIS 20168 (2008)

Facts

The petitioner (plaintiff) was a software development and consulting company that hired immigrant workers to work with third-party companies to complete projects. The petitioner’s main offices were located in Livonia, Michigan. The petitioner sought to hire the beneficiary, an immigrant, as a programmer-analyst to work with various third-party companies. The petitioner requested to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to the Immigration and Nationality Act (INA). The record established that the beneficiary would be employed by the petitioner, who would hire, pay, and (if necessary) fire the beneficiary and otherwise control the beneficiary’s work. Notwithstanding his employment with the petitioner, the beneficiary would be placed at outside work locations to perform services established by contractual agreements with third parties. The petitioner submitted for the record the master contracts it had with five third-party companies but did not submit work or purchase orders specific to the beneficiary. The petitioner’s nonimmigrant visa petition was denied. The petitioner appealed.

Rule of Law

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Issue

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Holding and Reasoning

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