remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10816622 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 17, 2020 
The Petitioner, an information technology consulting services company, seeks to temporarily employ 
the Beneficiary as a "SFDC developer" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the Petitioner did not 
establish an employer-employee relationship with the Beneficiary. The Director also concluded that 
the evidence did not establish that the Petitioner has sufficient specialty occupation work available for 
the requested period of employment. The Petitioner submits additional evidence on appeal including 
a letter from the vendor, a master agreement, and a work order. The Petitioner asserts that the evidence 
submitted demonstrates that it has sufficient specialty occupation work for the Beneficiary and that it 
will have an employer-employee relationship with him. 
While this appeal was pending, the U.S. District Court for the District of Columbia issued a decision 
in ltserve Alliance, Inc. v. Cissna, 443 F. Supp. 3d 14 (D.D.C. 2020). Subsequently, U.S. Citizenship 
and Immigration Services (USCIS) rescinded previously issued policy guidance and directed its 
officers to apply the existing regulatory definition at 8 C.F.R. § 214.2(h)(4)(ii) to assess whether a 
petitioner and a beneficiary have an employer-employee relationship. USCIS Policy Memorandum 
PM-602-0114, Rescission of Policy Memoranda at 2 (June 17, 2020), http://www.uscis.gov/legal­
resources/policy-memoranda. Because this case is affected by the new policy guidance and the 
Director has not yet addressed the additional evidence, we find it appropriate to remand the matter for 
the Director to consider the question anew and to adjudicate in the first instance any additional issues 
as may be necessary and appropriate. Accordingly, the following order shall be issued. 
ORDER : The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision.