remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) led to a change in USCIS policy regarding the employer-employee relationship. The AAO sent the case back to the Director to apply the new policy guidance and consider additional evidence submitted on appeal.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Work Availability
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