Remanded
H-1B
H-1B Remanded — Software Development (2020): new USCIS policy guidance regarding the employer-employee
Decision Summary
The appeal was remanded because new USCIS policy guidance regarding the employer-employee relationship was issued after the initial denial, requiring a new adjudication. The AAO also instructed the Director to re-examine inconsistencies in the record, such as a changing contractual chain and the need for more probative evidence from the end-client to establish the specialty occupation nature of the position.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Degree Requirement Third-Party Worksite Arrangements
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