remanded H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 5558448 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 22, 2020 
The Petitioner 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 Beneficiary would perform services in a specialty occupation for the 
entire period of requested employment. While this appeal was pending, the U.S . District Court for the 
District of Columbia issued a decision in Itserve 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 Subsequently, U.S. Citizenship and Immigration Services (USCIS) rescinded 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 . 
Because this case is affected by the new policy guidance, we find it appropriate to remand the matter 
for the Director to consider these questions 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ORDER: The decision of the Director is withdrawn.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.