H-1B Remanded — Software Development (2020): the Director denied the petition for not establishing a

Decision Summary

The Director denied the petition for not establishing a valid employer-employee relationship. The case was remanded because USCIS issued new policy guidance on the employer-employee relationship standard following a federal court decision. The matter was returned for reconsideration under the new guidance and to address other potential issues, such as whether the position qualifies as a specialty occupation.

Criteria Discussed

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