remanded H-1B Case: Computer Software

U.S. Citizenship 
and Immigration 
Services 
In Re: 5968204 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 21, 2020 
The Petitioner, a computer software development and consulting business, seeks to temporarily employ 
the Beneficiary as an "A WS Administrator" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body of 
highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty ( or its equivalent) as a minimum prerequisite for entry into the position. 
The California Service Center Director denied the petition, concluding that the record did not establish 
that the Beneficiary would perform services in a specialty occupation throughout the duration of the 
period of requested employment, and that the Petitioner would maintain an employer-employee 
relationship throughout the duration of the period of requested employment. 
While this appeal was pending , the U.S. District Court for the District of Columbia issued a decision 
inltserve Alliance, Inc. v. Cissna, --- F.Supp.3d--- , 2020 WL 1150186 (D.D .C. 2020) . Subsequently, 
U.S. Citizenship and Immigration Services (USCIS) rescinded previously-issued policy guidance and 
directed its officers to apply the existing regulatory definition at 8 C.F .R. § 214.2(h)( 4 )(ii) to assess 
whether a petitioner and a beneficiary have an employer-employee relationship. USCIS Policy 
Memorandum PM-602-0114, Rescission of Policy Memoranda at 2 (June 17, 2020), 
http ://www . uscis. gov /legal-resources /policy-memoranda. 
Because this case is affected by the new policy guidance, we find it appropriate to remand the matter 
for the Director to consider these questions anew and to adjudicate in the first instance any additional 
issues as may be necessary and appropriate . Accordingly, the following order shall be issued . 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision.