H-1B Remanded — Consulting (2020): the Director initially denied the petition for failing to

Decision Summary

The Director initially denied the petition for failing to establish an employer-employee relationship and not demonstrating that qualifying work would be available. The appeal was remanded because new USCIS policy guidance was issued following the Itserve All., Inc. v. Cissna court decision, which rescinded prior policies on H-1B petitions for workers at third-party worksites. The case was sent back for reconsideration under the new guidance.

Criteria Discussed

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