remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The Director's decision was withdrawn and the case was remanded. This was done because new USCIS policy guidance was issued while the appeal was pending, following a federal court decision. The AAO determined it was appropriate for the Director to reconsider the case under the new guidance, particularly regarding the employer-employee relationship for workers at third-party worksites.
Criteria Discussed
Employer-Employee Relationship Availability Of Qualifying Work
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