H-1B Remanded — Software Consulting (2020): the Director initially denied the petition for failing to

Decision Summary

The Director initially denied the petition for failing to establish an employer-employee relationship. The case was remanded because, while the appeal was pending, a new court decision and subsequent rescission of USCIS policy guidance regarding the employer-employee relationship occurred, necessitating a new decision by the Director under the updated guidance.

Criteria Discussed

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