remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The case was remanded because new policy guidance was issued regarding the employer-employee relationship following a district court decision. The AAO determined the Director should reconsider this issue under the new guidance. The AAO also instructed the Director to evaluate whether the beneficiary is qualified, as the record lacked a proper evaluation of the beneficiary's foreign degree.
Criteria Discussed
Employer-Employee Relationship Beneficiary Qualifications Foreign Degree Equivalency Specialty Occupation Availability Of Work
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