H-1B Remanded — Software Development (2020): the appeal was remanded primarily because new USCIS policy

Decision Summary

The appeal was remanded primarily because new USCIS policy guidance regarding the employer-employee relationship was issued while the case was pending. The AAO returned the case to the Director to re-evaluate it under the new guidance and to consider additional issues, such as whether the petitioner provided sufficient evidence from the end-client to establish the specialty nature of the occupation.

Criteria Discussed

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