remanded
H-1B
remanded H-1B Case: Computer Services
Decision Summary
The director denied the petition, believing the petitioner was a staffing company that failed to provide contracts with client companies to prove the beneficiary would perform specialty occupation work. The AAO remanded the case for a new decision after the petitioner argued on appeal that it is a direct employer of the beneficiary at its own facility and not a staffing agency, making the director's reasons for denial inapplicable.
Criteria Discussed
Specialty Occupation Definition Beneficiary Qualifications Employer-Employee Relationship Agent Vs. Employer Status Itinerary For Services In More Than One Location
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your H-1B petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.