H-1B Remanded — Information Technology (2020): the Director's initial decision, which denied the petition

Decision Summary

The case was remanded because the Director's initial decision, which denied the petition based on the beneficiary's qualifications, was deemed insufficient for review. The AAO instructed the Director to first determine whether the position qualifies as a specialty occupation and to properly evaluate the employer-employee relationship, noting insufficient evidence regarding contracts and supervision at the end-client worksite.

Criteria Discussed

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