Remanded
H-1B
H-1B Remanded — Information Technology (2020): the appeal was remanded due to a change in USCIS policy
Decision Summary
The appeal was remanded due to a change in USCIS policy. Following a federal court decision, USCIS rescinded prior guidance on H-1B petitions for workers at third-party worksites, which directly affected the central issue of establishing an employer-employee relationship in this case. The matter was sent back for the Director to adjudicate under the new policy.
Criteria Discussed
Employer-Employee Relationship Availability Of Qualifying Work Third-Party Worksite
📄 Original decision (USCIS PDF)
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