H-1B Remanded — It Consulting (2007): the AAO found the director erred in denying the petition

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

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