H-1B Remanded — Software Consulting (2020): the initial denial was based on the petitioner's failure to

Decision Summary

The initial denial was based on the petitioner's failure to establish an employer-employee relationship. The AAO remanded the case because a recent federal court decision (Itserve Alliance, Inc. v. Cissna) led USCIS to rescind its policy guidance on this issue, requiring the Director to reconsider the matter under the new guidance.

Criteria Discussed

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