Remanded
H-1B
H-1B Remanded — Staffing (2020): the appeal was remanded following a change in USCIS policy
Decision Summary
The appeal was remanded following a change in USCIS policy guidance concerning the employer-employee relationship, which stemmed from the Itserve Alliance, Inc. v. Cissna court decision. The AAO determined it was appropriate for the Director to reconsider the case under the new guidance and to potentially address other issues, such as inconsistencies in the stated job requirements.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Requirements
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →