remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The case was remanded because new USCIS policy guidance was issued while the appeal was pending. This new policy, resulting from the Itserve Alliance, Inc. v. Cissna court case, rescinded previous guidance regarding H-1B petitions for workers at third-party worksites, requiring the Director to re-evaluate the case under the new standards for an employer-employee relationship.
Criteria Discussed
Availability Of Qualifying Work Employer-Employee Relationship Third-Party Worksites
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