H-1B Remanded — Software Development (2020): the matter was remanded for the Director to consider the

Decision Summary

The matter was remanded for the Director to consider the case anew in light of new policy guidance concerning the employer-employee relationship, which resulted from the U.S. District Court decision in Itserve Alliance, Inc. v. Cissna. The AAO also noted that the original denial contained factual errors, mentioning companies not pertinent to the petition.

Criteria Discussed

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