remanded
H-1B
remanded H-1B Case: Software Development
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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
Employer-Employee Relationship Specialty Occupation
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