H-1B Remanded — Information Technology (2020): the Director initially denied the petition for failing to

Decision Summary

The Director initially denied the petition for failing to establish a valid employer-employee relationship. Following a federal court decision and a subsequent change in USCIS policy guidance on this issue, the AAO remanded the case for the Director to reconsider the petition under the new guidance. The AAO also noted potential issues with whether the proffered 'software engineer' position qualifies as a specialty occupation, which the Director may also consider.

Criteria Discussed

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