remanded H-1B Case: Computer Software
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Decision Summary
The Director initially denied the petition, concluding the record did not establish that the beneficiary would perform services in a specialty occupation or that the petitioner would maintain a valid employer-employee relationship. Following a U.S. District Court decision and a subsequent change in USCIS policy guidance regarding the employer-employee relationship, the AAO withdrew the Director's decision. The case was remanded for reconsideration under the new policy guidance.
Criteria Discussed
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