remanded
H-1B
remanded H-1B Case: Information Technology
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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
Employer-Employee Relationship Specialty Occupation
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