H-1B Remanded — Information Technology (2020): new policy guidance regarding the employer-employee

Decision Summary

The case was remanded because new policy guidance regarding the employer-employee relationship was issued while the appeal was pending, requiring the Director to re-adjudicate the case. The AAO also instructed the Director to consider whether the petitioner established that the proposed position qualifies as a specialty occupation, citing concerns about redacted contracts and insufficient evidence of the specific duties to be performed for the end-client.

Criteria Discussed

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