remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10144742 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 04, 2020 
The Petitioner, an information technology services company, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations . See Immigration and 
Nationality Act (the Act) section 101(a)(15)(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 Director of the California Service Center denied the petition, concluding that the Petitioner did 
not establish that: (1) it will have an employer-employee relationship with the Beneficiary; and (2) the 
proffered position qualifies as a specialty occupation. While this appeal was pending, the U.S . District 
Court for the District of Columbia issued a decision in Itserve 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(USCIS) rescinded previously issued policy guidance relating to H-lB petitions filed for workers who 
will be employed at one or more third-party worksites, 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 the question anew and to adjudicate in the frrst 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ORDER: The decision of the Director is withdrawn.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 .