H-1B Remanded — Information Technology (2020): a recent court decision and subsequent USCIS policy change

Decision Summary

The case was remanded because a recent court decision and subsequent USCIS policy change affected the evaluation of the employer-employee relationship. The AAO also found material inconsistencies and a lack of specificity in the description of the beneficiary's duties, which precluded a determination on whether the position qualifies as a specialty occupation, and instructed the Director to re-evaluate these issues.

Criteria Discussed

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