H-1B Remanded — Software Engineering (2020): the decision was remanded following a change in policy

Decision Summary

The decision was remanded following a change in policy guidance regarding the employer-employee relationship, prompted by the Itserve Alliance, Inc. v. Cissna court decision. The AAO determined the case should be reconsidered by the Director under the new policy, who may also examine the specialty occupation nature of the proposed position.

Criteria Discussed

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