remanded
H-1B
remanded H-1B Case: Software Development
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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
Employer-Employee Relationship Specialty Occupation Labor Condition Application (Lca) End-Client Job Requirements
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