remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 9186489 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 27, 2020 
The Petitioner, an information technology solutions provider, seeks to temporarily employ the 
Beneficiary under the H-lB nonirnrnigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both: (a) the theoretical and practical application of a body of highly specialized knowledge; 
and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a 
minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition , concluding that, based on a lack of 
corroborating material, to include contracts, the Petitioner had not demonstrated that the proffered 
position qualifies as a specialty occupation and that it would have qualifying work available for the 
Beneficiary to perform throughout the requested validity period. While this appeal was pending , the 
U.S. District Court for the District of Columbia issued a decision in Itserve Alliance, Inc. v. Cissna, 
443 F. Supp. 3d 14 (D.D.C. 2020). Subsequently , U.S. Citizenship and Immigration Services (USCIS) 
rescinded previously issued policy guidance relating to H-lB petitions filed for workers who will be 
employed at one or more third-party worksites. 1 The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 2 
We review the questions in this matter de novo.3 While we conduct de nova review on appeal, we 
conclude that a remand is warranted in this case in part based on the new USCIS policy guidance . 
Within her new decision , the Director may wish to decide whether the Petitioner has demonstrated the 
substantive nature of the proffered position. In particular , the letters from the prime vendor appear to 
contain generalized and somewhat vague duties . Additionally , the Director may wish to evaluate the 
prime vendor's position prerequisites. It initially required a minimum of a "master's [degree] in 
information technology- information assurance or a related field." Then, in a second letter submitted 
1 USCIS Policy Memorandum PM-602-0114 , Rescission of Policy Memoranda at 2 (June I 7, 2020), 
http://www.uscis.gov/legal-resources/policy-memoranda . 
2 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
on appeal, the prime vendor states that the end-client "requires data modelers to have a bachelor's 
degree, although this requirement can be overcome with sufficient years ofrelevant experience." 
Because this case is affected by the new policy guidance, we find it appropriate to remand the matter 
for the Director to consider the question anew and to adjudicate in the first instance any additional 
issues as may be necessary and appropriate. Accordingly, the following order shall be issued. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for farther 
proceedings consistent with the foregoing analysis and entry of a new decision. 
2