EB-1C Remanded — Software Services (2020): the Director denied the petition, concluding that a valid

Decision Summary

The Director denied the petition, concluding that a valid employer-employee relationship did not exist because the beneficiary was the sole owner with complete control over the U.S. entity. The AAO remanded the case, citing a recent court decision (ITServe Alliance, Inc. v. Cissna) and a subsequent USCIS policy rescission which changed the framework for evaluating the employer-employee relationship. The matter was sent back for reconsideration under the new guidance.

Criteria Discussed

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