remanded H-1B

remanded H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Avoid this H-1B denial in your own petition.

No credit card. Generate your first draft in minutes.

Draft your H-1B petition free →

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

Employer-Employee Relationship Specialty Occupation

Sign up free to download the original PDF

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.