remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The Director initially denied the petition for failing to establish that the proffered position qualifies as a specialty occupation. The AAO remanded the case because a recent court decision and subsequent USCIS policy change affected the analysis of the employer-employee relationship. The matter was sent back to the Director to re-adjudicate the petition under the new guidance.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Minimum Educational Requirements
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