H-1B Remanded — Workforce Solutions (2020): the decision was remanded due to a change in USCIS policy

Decision Summary

The decision was remanded due to a change in USCIS policy following the Itserve Alliance, Inc. v. Cissna court case, which impacts the evaluation of the employer-employee relationship for workers at third-party sites. The AAO instructed the Director to issue a new decision consistent with the updated guidance, while also noting deficiencies in the evidence provided, such as a questionable memorandum of understanding from the end-client.

Criteria Discussed

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