H-1B Remanded — Computer Software (2020): the Director initially denied the petition, concluding the

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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