H-1B Remanded — Information Technology (2020): a recent court decision and subsequent USCIS policy change

Decision Summary

The case was remanded because a recent court decision and subsequent USCIS policy change affected the standard for evaluating the employer-employee relationship, which was the basis for the initial denial. The AAO sent the case back for the Director to reconsider this issue under the new guidance and also to evaluate whether the proffered 'software developer' position qualifies as a specialty occupation, citing numerous inconsistencies and vague descriptions in the evidence provided.

Criteria Discussed

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