remanded H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 10979835 
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: DEC. 23, 2020 
The Petitioner, a healthcare solution development company, seeks to temporarily employ the 
Beneficiary as a "software engineer" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation and that the 
Beneficiary would perform services in a specialty occupation for the requested period of employment. 
The matter is now before us on appeal. While this appeal was pending, the U.S. District Court for the 
District of Columbia issued a decision in ltserve Alliance, Inc. v. Cissna, 443 F. Supp. 3d 14 (D.D.C. 
2020). Subsequently, U.S. Citizenship and Immigration Services (USCIS) rescinded previously 
issued policy guidance relating to H-lB petitions filed for workers who will be employed at one or 
more third-party worksites.1 
Because this case is affected by the new policy guidance, we find it appropriate to remand the matter 
for the Director to consider the question 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ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision. 
1 USCIS Policy Memorandum PM-602-0114, Rescission of Policy Memoranda at 2 (June 17, 2020), 
http://www.uscis.gov/legal-resource s/pol icy-memoranda.