remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The decision was remanded for reconsideration in light of a new USCIS policy memorandum concerning the employer-employee relationship, which was the original basis for denial. The AAO also instructed the Director to consider if sufficient evidence was provided from the end-client to establish the substantive nature of the work and its educational requirements to qualify as a specialty occupation.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Requirements Third-Party Worksite Evidence
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