remanded
H-1B
remanded H-1B Case: Information Technology
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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 Following a federal court decision, USCIS rescinded prior guidance on H-1B petitions for workers at third-party worksites, which directly affected the central issue of establishing an employer-employee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
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