remanded
H-1B
remanded H-1B Case: Information Technology
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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
Employer-Employee Relationship Specialty Occupation
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