remanded
H-1B
remanded H-1B Case: Database Administration
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Decision Summary
The decision was remanded for reconsideration in light of new policy guidance. Following a district court decision in Itserve Alliance, Inc. v. Cissna, USCIS rescinded previous policy memoranda, particularly affecting the evaluation of the employer-employee relationship. The AAO determined it was appropriate for the Director to adjudicate the petition anew under the updated standards.
Criteria Discussed
Specialty Occupation Requirements Employer-Employee Relationship Non-Speculative Work Third-Party Worksite Requirements
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