H-1B Remanded — Software Development (2020): of a change in USCIS policy guidance following the Itserve

Decision Summary

The case was remanded because of a change in USCIS policy guidance following the Itserve Alliance, Inc. v. Cissna court decision, which relates to H-1B petitions involving third-party worksites. The AAO found it appropriate for the Director to review the case anew under the new guidance. Additionally, the AAO noted that the petitioner had not provided a sufficiently detailed job description to establish the position as a specialty occupation.

Criteria Discussed

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