H-1B Remanded — Information Technology (2020): new policy guidance was issued following a district court

Decision Summary

The appeal was remanded because new policy guidance was issued following a district court decision (Itserve Alliance, Inc. v. Cissna). This new guidance affects the assessment of the employer-employee relationship, which was the original basis for the denial. The matter was sent back to the Director for reconsideration under the new policy.

Criteria Discussed

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