remanded H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re : 12822309 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE : WLY 23, 2020 
The Petitioner , a software development services firm, seeks to temporarily employ the Beneficiary as 
a "business analyst II" under the H- lB nonimmigrant classification for specialty occupations . 
Immigration and Nationality Act section 101(a)(15)(H)(i)(b) , 8 U.S .C. § 1101(a)(15)(H)(i)(b) . 
The Director of the California Service Center denied the petition , concluding that the Petitioner had 
not established that an employer-employee relationship exists with the Beneficiary, among other 
issues. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. 
Following the issuance of the AAO decision, the U.S. District Court for the District of Columbia 
issued a decision in ltserve Alliance, Inc. v. Cissna, --- F.Supp.3d ---, 2020 WL 1150186 (D.D.C. 
2020) . Subsequently, U.S . Citizenship and Immigration Services (USCIS) rescinded previously 
issued policy guidance and directed its officers to apply the existing regulatory definition at 8 C.F.R. 
§ 214.2(h)(4)(ii) to assess whether a petitioner and a beneficiary have an employer-employee 
relationship. USCIS Policy Memorandum PM-602-0114 , Rescission of Policy Memoranda at 2 
(June 17, 2020) , http ://www .uscis .gov/legal-resources /policy-memoranda . 
As a matter of discretion, we are reopening this case on service motion pursuant to 8 C.F.R. 
§ 103.5(a)(5)(i) and withdrawing our prior adverse decision of May 17, 2019. We will remand the 
matter for the Director to consider the petition anew and to adjudicate in the first instance any 
additional issues as may be necessary and appropriate . 
Accordingly , the following order shall be issued . 
ORDER: The decision of the Admini strative Appeals Office is withdrawn . The matter is 
remanded for further proceedings consistent with the foregoing analysis and entry of a 
new decision .