remanded
H-1B
remanded H-1B Case: Software Engineering
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Decision Summary
The appeal was remanded following a federal court decision (Itserve Alliance, Inc. v. Cissna) and a subsequent USCIS policy memorandum that rescinded prior guidance on the employer-employee relationship. Because the case was affected by this new policy, the AAO sent it back to the Director to reconsider the matter and issue a new decision.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation
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