Was this article useful? To qualify for an H-1B visa, the employer must demonstrate that the position is a specialty occupation by providing evidence that the job requires the understanding and application of a specialized body of knowledge and normally requires at least a bachelor's degree, or its equivalent, in a particular field. Acme acquires complete project from these clients. Greenfield said that this evidence can be shown in the employer's letter of support, contractual documentation with the client and a statement of work that defines the project or the deliverables that the H-1B worker will be assigned. ACME is a solutions provider and develops custom software for end clients. As part of his role Mr. Smith will be required to gather customer requirements, analyze them, build high level architecture diagrams, build project plans and then subsequently ensure that his team delivers per the architecture and plans outlined by him. The payment terms may vary depending on the specific milestones during the course of each project. This cookie is set by GDPR Cookie Consent plugin. Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered. We have a few clients that have us do work every month and others that we build something for and are done for a while. This component or position, requires the knowledge obtained in a Computer Science, Electronics, Engineering or similar degree., Repeat this process with each of the other relevant components. "Prior to last year, H-1B RFEs were relatively rare for many employers, but now they are the new norm. I will inform ACME Software Corporation of completion or termination of any assignment. Does the Beneficiary use proprietary information of the Petitioner in order to perform the duties of employment? USCIS is pushing back against petitions listing Level 1 and even Level 2 wages, defined by the Department of Labor (DOL) as entry-level and above entry-level but not experienced, respectively. Need help with a specific HR issue like coronavirus or FLSA? [Company Letterhead carrying Employers name], [State e.g., California] Service Center, RE: [company names form 1-129, Non-immigrant workers petition, (H-1B) on behalf of [applicants name]. The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. H-1B Visa for Entrepreneurs H1B visa cover letter should include the following information: The invitation letter for a US visa for tourists and visitors is provided by the visa sponsor to the applicant. The client does not negotiate or monitor Mr. Smiths salary or wage or hours worked or benefits. H-1B Visa Renewal / Extension A considerable portion of RFEs state that the submitted job responsibilities do not contain enough detail, that the vagueness inhibits the USCIS examiner's understanding of what the You can schedule a consultation with us by calling +1-800-808-4013 or +1-216-696-6170. }); if($('.container-footer').length > 1){ ", Job descriptions need to be as specific as possible and be very closely related to the Standard Occupational Classification (SOC) code that is used on the petition's labor condition application, said Beth Carlson, an immigration attorney and counsel in the Minneapolis office of law firm Faegre Baker Daniels. The adjudicating officer will decide whether the quality of experience is at high enough level to qualify. $(document).ready(function () { The Software Engineer will report to Acmes Director of Operations. Yes. H-1B is a classification for "specialty occupation workers". Analytical cookies are used to understand how visitors interact with the website. Writing a letter doesnt come easy to most of us, especially to a governmental body like the US government. H-1B Visa Transfer OnlineVisas is an ancillary law-related services company of the Velie Law Firm. It all depends on the job code which is listed on the LCA, an numeric code (eg. The most frequent reason RFEs are issued in response to an H-1B petition is failure to establish that the job qualifies as a specialty occupation. The letter should be printed on the companys letterhead. SAMPLE Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered. Please find enclosed our request for the [name on request]s records under the Freedom of Information Act. Including a letter from the client acknowledging the work arrangement is also a good idea, if possible. Yes. #2 LCA - Labor Condition Application. Undoubtedly, you need the help of an experienced immigration lawyer to help you with an H-1B visa sample letter and guide you through writing yours. weekly calls, reporting back to main office routinely, or site visits by the Petitioner? The HRS format is required for all positions, even forpositions when job descriptions were not required (prior to the inception of UCJobs) and for allPostdoctoral Scholar positions. Copy of a position description or any other documentation that describes the skills required to perform the job offered, the tools needed to perform the job, the product to be developed or the service to be provided, the method of payment, whether the work to be performed is part of your regular business, the provision of employee benefits, and the tax treatment of the beneficiary by you. It is imperative to list the number of employees the beneficiary will supervise, when supervision is listedin the description. 7. usavisanow.com Immigration Law Office of Eran Regev, Esq. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties agree as follows: The Employee shall perform programming services for the Company beginning May 20th, 2010. I invite you to spend your vacation with us in the US. Here are the top three reasons the agency issued RFEs for H-1B petitions; employers can use this information to try to anticipate issues that adjudicators might raise. "In the past, 'close enough to the related field' might have been OK to gain approval, but this is no longer the case.". Copies of critical reviews of your software in trade journals that describes the purpose of the software, its cost, and its ranking among similarly produced software manufacturers. I also acknowledge receipt and have signed the following: a) ACME Software Corporation Employee Agreement and Addendum B, AdamESmith 4/29/2018, Adam Smith, Employee Date, SAMPLE Evidence of sufficient production space and equipment to support the production of your software. Acknowledge that all persons property, and vehicles entering or leaving those premises are subject to search and. It is understood between the parties that Employee Is strictly an Employee and therefore without express written authority from the Company has no right or ability to bind the Company to any obligation(s) with a third party. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. SAMPLE Copy of signed Employment Agreement between petitioner and beneficiary detailing the terms and conditions of employment, ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003, ACME Software Corporation (hereinafter referred to as Company) having its principal offices 123 3rd Street, New York, NY 10003, a New York Corporation, on this day April 29, 2018 offer Adam Smith (hereinafter referred to as employee ) full time employment performing software programming services. The best understanding is to understand how to perform its services best. Please see attached pictures of our servers. Experience is generally documented through letters from past employers and an RFE may be issued if the experience letters used for the evaluation lack specificity.. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. } The cookie is used to store the user consent for the cookies in the category "Performance". This may result in the job description having to be reposted. We are looking forward to having you join our team and building a successful career with us. Virtual & Washington, DC | February 26-28, 2023. You can focus on one degree or a few and you may consider keeping it broad enough to fit other future employees without making it so wide that it is not specialized enough. ACME follows an aggressive and rewarding performance review process. 5. Yes, Acme supervises Mr. Singh and supervision is in-house. These requests for more information are no trifling matter. Necessary cookies are absolutely essential for the website to function properly. This article contains samples of letters to the USCIS, including visa application letters and employment letters. Acmes processes and monitoring methodologies are audited for compliance by independent Auditors. When both functions are combined (essential functions plus other functions) the total percentagelisted for all duties must equal 100%. The invitation letter can be a supporting document during the interview. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". To further divide the duties into components and compare them to the Occupational Outlook Handbook, as that is what USCIS will look at when determining whether your position meets the requirements of an H-1B specialty occupation. Please log in as a SHRM member before saving bookmarks. I will not remove customers assets from customers premises without authorization. Here are the top three reasons the agency issued requests for evidence to employers for H-1B petitions. Must be able to use and understand JavaScript, Python, FinTastTech programs., USCIS wants to understand the percentage of time each component will comprise for the position. Typically and as is applicable to Mr. Smith, our Software Engineers have their first review at the end of the first year. The most important is that your education degree should be a bachelor's or higher degree in a specific specialty that is directly related to the job position. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { This is to certify that Mr. / Mrs. [applicants first name] [applicants last name] is an employee at [organization or company name] working as a [job designation] since [date started] in line with the guidance provided for that role. ", The H-1B visa is generally reserved for jobs that require at least a bachelor's degree. A detailed letter should not only provide details about your person for a labor condition application or any other work you are applying for, it should also show you are qualified to be a beneficiary with adequate experience in that field. Subsequently, review happens every six months. It is directly between ACME and the clients listed above. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. We are experiencing tremendous growth and are in need of experienced and qualified individuals to join our team. "At the root of statements by the Trump administration is the premise that only positions that pay high wages are those that should qualify under the H-1B category," Carlson said. Be printed on the companys letterhead necessary cookies are absolutely essential for the cookies in job. The adjudicating officer will decide whether the quality of experience is at enough! Review process looking forward to having you join our team Consent plugin are used to the. The letter should be printed on the job description having to be reposted jobs that require at a. Does not negotiate or monitor Mr. Smiths salary or wage or hours worked benefits! 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