remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The case was remanded because a recent court decision (Itserve All., Inc. v. Cissna) and a subsequent USCIS policy rescission affected the original denial grounds. The AAO also noted a material change in the beneficiary's employment (end-client and work location changed after filing) and instructed the Director to re-adjudicate the petition under the new guidance.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications Material Change In Employment Labor Condition Application (Lca)
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