remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 4780402 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 29, 2020 
The Petitioner, an infonnation technology services provider, seeks to temporarily employ the 
Beneficiary as an "Infrastructure Engineer" 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 know ledge; 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 evidence of record 
did not establish that the Petitioner had specialty occupation work available for the Beneficiary. While 
this appeal was pending, the U.S. District Court for the District of Columbia issued a decision in 
Itserve Alliance, Inc. v. Cissna, --- F.Supp.3d ---, 2020 WL 1150186 (D.D.C. 2020). Subsequently, 
U.S. Citizenship and Immigration Services (USCIS) rescinded previously-issued policy guidance 
relating to H-lB petitions filed for workers who will be employed at one or more third-party 
worksites. 1 The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence.2 
We review the questions in this matter de nova. 3 While we conduct de nova review on appeal, we 
conclude that a remand is warranted in this case in part based on the new USCIS policy guidance. 
Because this case is affected by the new policy guidance, we fmd 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ORDER: The decision of the Director is withdrawn.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. 
1 USCIS Policy Memorandum PM-602-0114 , Rescission of Policy Memoranda at 2 (June 17, 2020), 
http://www.uscis.gov/legal-resources/policy-memoranda. 
2 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369,3 75 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015).