H-1B Remanded — Information Technology (2020): the case was remanded due to a change in policy guidance

Decision Summary

The case was remanded due to a change in policy guidance following a federal court decision (Itserve Alliance, Inc. v. Cissna), which prompted USCIS to rescind its prior policy on the employer-employee relationship. The AAO sent the matter back for the Director to reconsider the case under the new guidance and to also determine if the proffered position qualifies as a specialty occupation.

Criteria Discussed

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