remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8960656 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WLY 10, 2020 
The Petitioner , a company engaged in information technology consulting and custom programming 
services, 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)(l5)(H)(i)(b) , 
8 U.S.C. § l 10l(a)(l5)(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 Vermont Service Center denied the petition , concluding , in part, that the Petitioner 
did not establish an employer -employee relationship with the Beneficiary. While this appeal was 
pending, the U.S. District Court for the District of Columbia issued a decision inltserve 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Immigration Services (USCIS) rescinded previously issued policy guidance and directed its officers 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 first 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ORDER: The decision of the Director is withdrawn.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.