H-1B Remanded — Information Technology (2020): new USCIS policy guidance concerning the employer-employee

Decision Summary

The appeal was remanded because new USCIS policy guidance concerning the employer-employee relationship was issued following a district court decision. The AAO sent the case back for the Director to re-evaluate the petition under the new guidance and also to consider whether the proffered 'software engineer' position qualifies as a specialty occupation.

Criteria Discussed

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