H-1B Remanded — Software Development (2020): the case was affected by new USCIS policy guidance

Decision Summary

The appeal was remanded because the case was affected by new USCIS policy guidance regarding the employer-employee relationship, which was issued after a recent district court decision. The AAO also noted inconsistencies in the record regarding the proffered position's duties and required educational background, but chose to remand the case for the Director to reconsider it under the new policy.

Criteria Discussed

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