remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded following a change in USCIS policy guidance resulting from the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna. The new guidance affects the assessment of the employer-employee relationship, particularly for workers at third-party worksites, requiring the Director to re-evaluate the case under the new standards.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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