remanded
H-1B
remanded H-1B Case: Information Technology
Decision Summary
The director denied the petition for failing to establish that the petitioner was the beneficiary's employer or agent, primarily because the petitioner did not submit third-party client contracts. The petitioner argued on appeal that the position was for an in-house project, not client-based consulting. The AAO found the director's decision was based on the incorrect premise of a third-party worksite and remanded the case for a new decision based on the evidence provided for an in-house position.
Criteria Discussed
Specialty Occupation Definition Employer-Employee Relationship Agent Definition Lca Compliance Beneficiary Qualifications
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your H-1B petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.