remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The case was remanded for the Director to issue a new decision applying updated USCIS policy guidance regarding the employer-employee relationship, which was changed following the Itserve Alliance, Inc. v. Cissna court case. The AAO also noted deficiencies in the evidence, such as a vague Statement of Work and an unclear contractual chain, for the Director to consider upon re-adjudication.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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