H-1B Remanded — Information Technology (2020): the case was remanded for the Director to issue a new

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

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