H-1B Remanded — Software Development (2020): the Director initially denied the petition for failing to

Decision Summary

The Director initially denied the petition for failing to establish an employer-employee relationship. The appeal was remanded because a recent federal court decision (Itserve Alliance, Inc. v. Cissna) prompted USCIS to rescind its policy guidance on the employer-employee relationship. The case was sent back to the Director for reconsideration under the new policy.

Criteria Discussed

Sign up free to download the original PDF