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 an employer-employee relationship and for not proving the position qualified as a specialty occupation. The AAO remanded the case because new USCIS policy guidance was issued following the Itserve Alliance, Inc. v. Cissna court decision, which rescinded prior guidance on H-1B petitions involving third-party worksites. The matter was sent back for the Director to reconsider the case under the new policy.

Criteria Discussed

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