remanded
H-1B
remanded H-1B Case: Computer Programming
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Decision Summary
The appeal was remanded because new USCIS policy guidance regarding the employer-employee relationship was issued while the case was pending, following a federal court decision. The AAO found it appropriate for the Director to reconsider the case under the new guidance and to address other potential deficiencies, such as the duration of the work and the vague description of job duties.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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