remanded
H-1B
remanded H-1B Case: Staffing
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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
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