remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10653587 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonirnmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEPT . 23, 2020 
The Petitioner, an information technology solutions and software consulting services company, seeks 
to temporarily employ the Beneficiary under the H-lB nonirnmigrant 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 evidence of 
record does not establish that the Beneficiary would perform services in a specialty occupation for the 
requested period of intended employment. While this appeal was pending , the U.S. District Court for 
the District of Columbia issued a decision in Itserve Alliance, Inc. v. Cissna, 443 F. Supp. 3d 14 
(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 Subsequently, U.S. Citizenship and Immigration Services (USCIS) rescinded 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. 1 The matter is now before us on appeal. 
Because this case is affected by the new policy guidance, we fmd it appropriate to remand the matter 
for the Director to consider the question anew and to adjudicate in the fust 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ORDER: The decision of the Director is withdrawn.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. 
1 USCIS Policy Memorandum PM-602-0114 , Rescission of Policy Memoranda at 2 (June 17, 2020), 
http://www.uscis.gov/legal-resources/policy-memoranda .