remanded
H-1B
remanded H-1B Case: It Consulting
Decision Summary
The appeal was remanded because the AAO found the director erred in denying the petition based on the lack of a valid employer-employee relationship. The AAO concluded the petitioner, a staffing company, did have the right to control the beneficiary's work. The case was sent back for the director to determine if the proffered 'programmer analyst' position qualifies as a specialty occupation, an issue not addressed in the initial denial.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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