H-1B Remanded — Information Technology (2020): the appeal was remanded following a change in USCIS policy

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

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