Remanded
H-1B
H-1B Remanded — Software Development (2020): new USCIS policy guidance, issued after the *Itserve
Decision Summary
The case was remanded because new USCIS policy guidance, issued after the *Itserve Alliance, Inc. v. Cissna* court decision, affected the standards for H-1B petitions involving third-party worksites. The AAO sent the case back for the Director to apply the new guidance and to determine if the petitioner has provided sufficient detail about the job duties to establish the position as a specialty occupation.
Criteria Discussed
Specialty Occupation Availability Of Qualifying Work Employer-Employee Relationship Detailed Job Description
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