remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The case was remanded because a recent court decision (Itserve Alliance, Inc. v. Cissna) led to the rescission of USCIS policy guidance regarding H-1B petitions for workers at third-party worksites. The AAO determined the matter should be returned to the Director to reconsider the case under the new policy guidance, specifically concerning the employer-employee relationship.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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