Remanded
H-1B
H-1B Remanded — Information Technology Consulting (2020): the decision was remanded due to a recent change in USCIS
Decision Summary
The decision was remanded due to a recent change in USCIS policy guidance concerning the employer-employee relationship, following the Itserve Alliance, Inc. v. Cissna court decision. The AAO instructed the Director to re-adjudicate the petition under the new guidance and also to further consider other issues, including whether the position qualifies as a specialty occupation and the beneficiary's qualifications.
Criteria Discussed
Employer-Employee Relationship Availability Of Qualifying Work Specialty Occupation Requirements Beneficiary'S Qualifications Validity Of Worksite Location
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