remanded
H-1B
remanded H-1B Case: Computer Science
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Decision Summary
The decision was withdrawn and the case was remanded due to a change in USCIS policy. Following a federal court decision (Itserve Alliance, Inc. v. Cissna), USCIS rescinded prior guidance on determining employer-employee relationships, which was a key reason for the initial denial. The AAO sent the case back for a new decision to be made under the current policy.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Lca Wage Level
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