H-1B Remanded — Consulting And Staffing (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 a lack of corroborating material showing qualifying work would be available. The case was remanded because while the appeal was pending, USCIS rescinded its policy guidance related to H-1B workers at third-party worksites following a district court decision. The matter was sent back for the Director to reconsider the case under the new policy guidance.

Criteria Discussed

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