H-1B Remanded — Information Technology (2020): the appeal was remanded due to a new USCIS policy

Decision Summary

The appeal was remanded due to a new USCIS policy memorandum concerning the employer-employee relationship, issued after the Itserve Alliance, Inc. v. Cissna court decision. The AAO also directed the Director to re-examine the substantive nature of the work, noting that the end-client's description of duties was vague, the degree requirement was not specific, and there was a discrepancy between the proffered 'software developer' role and the 'analyst' title in the statements of work.

Criteria Discussed

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