remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because new USCIS policy guidance was issued while the appeal was pending, following the court decision in Itserve Alliance, Inc. v. Cissna. This new guidance rescinded previous policies concerning H-1B petitions for workers at third-party worksites. The AAO sent the case back to the Director to adjudicate the matter under the new policy framework, specifically concerning the employer-employee relationship.
Criteria Discussed
Employer-Employee Relationship Availability Of Qualifying Work
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