H-1B Remanded — Information Technology (2020): the case was remanded primarily because new USCIS policy

Decision Summary

The case was remanded primarily because new USCIS policy guidance regarding H-1B petitions for workers at third-party worksites was issued after the initial denial. The AAO also instructed the Director to re-evaluate whether the petitioner had proven the end-client's actual job requirements, questioning the authenticity of the job description which appeared to be copied from the petitioner's own documents and other generic online sources.

Criteria Discussed

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