H-1B Remanded — Software Development (2020): the case was remanded for a new decision because USCIS

Decision Summary

The case was remanded for a new decision because USCIS rescinded its policy guidance regarding H-1B petitions for workers at third-party worksites, following a recent district court decision. The AAO also noted inconsistencies and vagueness in the end-client letters describing the beneficiary's duties and employment duration, which the Director should address upon re-adjudication.

Criteria Discussed

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