Remanded
H-1B
H-1B Remanded — Information Technology (2020): the appeal was remanded due to a change in USCIS policy
Decision Summary
The appeal was remanded due to a change in USCIS policy guidance regarding H-1B petitions for workers at third-party worksites, which occurred while the appeal was pending. The AAO found it appropriate for the Director to reconsider the case under the new guidance, specifically to re-evaluate the employer-employee relationship and other issues like whether the position qualifies as a specialty occupation.
Criteria Discussed
Employer-Employee Relationship Availability Of Specialty Occupation Work Specialty Occupation Beneficiary Qualifications
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