"It's by far the most common question asked in RFEs and the most common reason for a visa denial," said Andrew Greenfield, a partner in the Washington, D.C., office of global immigration law firm Fragomen. Note that the wordings in this sample lettercan be suited to your specific needs and related details: The Consulate General of the U. S. A. SAMPLE Copy of the marketing and analysis for your final software product. This cookie is set by GDPR Cookie Consent plugin. } Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Please log in as a SHRM member. H1B Visa Cap / Quota for FY 2020 Please see enclosed documentation. 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. Employee is not entitled to any of the Companys benefits. H-1B Visa Transfer H1B Visa. 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. USCIS Resumes Premium Processing for Certain Petitions, USCIS Expands Flexibility for Responding to USCIS Requests, USCIS Offices Preparing to Reopen on June 4, USCIS Increasing Premium Processing Fee to $1,440 starting 12/02/2019, Proposed a fee of $10 per H-1B petition for 2020 H-1B Cap Filings, FLAG System - Update on filing Form ETA-9141, Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10, USCIS Updates Rejection Criteria for Form I-129, Texas Service Center to Begin Accepting Form I-129 for Certain H-1B Petitions, USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions, H1B Visa Cap / Quota for FY21 (April 1, 2020 filing), How we are preparing for the FY 20 H-1B Visa Season, How to Avoid the Level 1 Prevailing Wage RFE, Consulting Firms H-1B Visa Employer/Employee Relationship, Sample H-1B Visa Letter to USCIS In House Employment Consulting Company, H-1B Visa RFE 3rd party (offsite) work location, Required Documents for H-1B Visa Consultants working at 3rd party client sites, How to make an H-1B Visa Organizational Chart, Sample H-1B Visa Performance review process, Sample Statement of Work for Professional H-1B Visa Services, RFE In-House H-1B Visa Employment for Consulting Companies, Sample H1B RFE Response for In-House Employment Client Projects, H-1B Visa Overview for the FY 20 H-1B Cap/Quota, How to Qualify as an H-1B Cap Exempt nonprofit organization that is primarily engaged on basic research and/or applied research, Travelling while an H-1B Petition is Pending at USCIS, H-1B Visa CAP Exempt status through University Affiliation, Social Security Number Requests for H-1B Workers, Export Control Attestation Requirement on Form I-129, The first LCA requirement, regarding wages, Video: How to find the Prevailing Wage for an H-1B Visa petition using flcdatacenter.com, TN Visa for Canadian and Mexican Citizens, Registered Nurse (RN) Green Card Overview. 5. The letter should be printed on the companys letterhead. USCIS has recently narrowed its interpretation of what qualifies as a specialty occupation and often seeks more evidence when job duties do not appear specialized enough to require a bachelor's degree in a specific field, or when the applicant's degree field is not considered specialized enough for the role. It does not store any personal data. Our company is in need of a Software Engineer to work inside our physical offices in the U.S. 4. This article contains samples of letters to the USCIS, including visa application letters and employment letters. $("span.current-site").html("SHRM China "); For some, the reason they may have to write a letter is for a petition on behalf of a beneficiary. H-1B Visa for Entrepreneurs var temp_style = document.createElement('style'); Although scrutiny may remain around entry-level wages, the USCIS Administrative Appeals Office (AAO) ruled twice in 2018 that Level 1 and Level 2 wages are not determinative of whether a position is a specialty occupation, said Sari Long, an attorney with Faegre Baker Daniels in Washington, D.C. "This is good news for employers, as it means that if an H-1B is denied at least in part on that basis, the AAO will have a more favorable view of the wage issue.". Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. #3 Progressive Work Experience Letter. Amended H-1B Visa Job descriptions need to be as specific as possible and very closely related to the Standard Occupational Classification (SOC) code that is used on the petition's labor condition application, Carlson said. A performance review typically results into a bonus or a salary increment. The position requires a candidate who has grown up on programming for Microsoft platforms and has developed a senior technical person level expertise as the position requires a lot of guidance and sometimes hands on troubleshooting of these technical platforms. "In the past, 'close enough to the related field' might have been OK to gain approval, but this is no longer the case.". 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. This contract shall commence in full force the date that this contract is signed by both parties. USCIS details, including the address and ATTN. Job duties: As a Software Engineer, you will be required to plan, design, develop, test, implement, and support custom proprietary software applications; research, design, implement, document, and test system software, in accordance with the firms development process. Level of postsecondary degree and field of study must be included in all job descriptions. for a surgeon) Work must necessitate the use of a professional in a speciality occupation. We analyze clients business requirements, design, develop, test and deliver to our customers the software solution. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". Does the Petitioner provide the tools or instrumentalities needed by the Beneficiary to perform the duties of employment? His role is as a Software Engineer working out of our headquarters and physical office in New York, NY. If Addendum B is not signed by Employee then this contract shall be null and void. Adam Smith must coordinate with customer access to customers site premises during non-regular working hours. These requests for more information are no trifling matter. H-1B Visa Attorney Fee H-1B Uncovered 123 Onsite-Offshore coordination - 10% Knowledge transfer from the client to the team - Obtain the necessary technical knowledge and share, train the team. Your session has expired. Laguna Niguel, CA 92677, Case Type: H-1B Renewal Adam Smith will promptly notify ACME Software Corporation of any accident or security incidents involving loss or misuse or damage to customers intellectual or physical assets. "Employers should review the job details, tasks and technologies as part of the SOC code and try to incorporate these items into the employee's job description, if possible. By clicking Accept, you consent to the use of ALL the cookies. Mr. Singh will be paid by Acme, who will be his actual employer. Many do not consider them and receive incredible but avoidable frustration. Acme hires, pays, and has the ability to fire Mr. Singh. OnlineVisas is an ancillary law-related services company of the Velie Law Firm. Here are the top three reasons the agency issued requests for evidence to employers for H-1B petitions. I will cover your entire USA tour expenses, including airfare, food, tools, round trip, medical insurance, housing, and personal expenses. His benefits will be governed and managed by Acmes HR department and includes: Health/Life Insurance, AD&D, Dental, Vision, Paid Vacations, 401(k), amongst other benefits. } In response to your question regarding warehouse space for software inventory, please note that ACME is a solutions provider that bids and works on clients software projects, in-house. H-1B Visa Do it Yourself Kit. Job Description; Job description is another element that USCIS will reply on. $("span.current-site").html("SHRM China "); For example, take Design each piece of an application or system and plan how the pieces will work together, and change to something like, Design, develop or modify fintech applications for companys financial clients, including or similar to its current and former clients CitiBank and Wells Fargo using Java, Python, Ruby, and C++ languages. } Please, feel free to reach out to us through the provided contact information if you have any questions. Posted November 17, 2017. You must meet the following requirements to be eligible for the visa: A bachelor's or master's degree (or its foreign equivalent) is required. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. the adjudicating officer may wish to see a detailed job description of the specialty occupation, the work history . 6. Job descriptions are essential for obtaining a visa and recruiting the right person for the job. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; "The education of the H-1B worker must match the requirements of the job, and the fields of study must be specific to the job opportunity," Long said. Many documents are required during the H1B visa application process. Important PERM POINTER #1: Taking a careful look at the job duties Thus, I am sending all the required documents for obtaining the necessary visa from [US Consulate name, e.g., Chennai Consulate]. "Include all technical skills that highlight the fact that the job can only be done by someone with a certain level of education. What Search by Hospital Or Health System Where Search by City Find Job These procedures relate to software architecture guidelines, project management guidelines, customer interaction guidelines, team management guidelines, amongst other things. Was this article useful? Therefore, percentages of time required to perform each duty must belisted. The projects currently allocated to him include work for the following customers (respective contracts are attached): These are our end-clients. USCIS relies on job duties that they would not approve of themselves. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". d) It is understood that the Employee will be performing as an Employee within the parameters as set forth by the Company in accordance both with its Contract and with its Client(s) and Its corporate policy and that the work performed by the Employee Will be In a competent and professional manner and that the Employee will also comply with the rules and regulations established by the Client. $('.container-footer').first().hide(); Please find enclosed our request for the [name on request]s records under the Freedom of Information Act. [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]. Copy of the marketing cost analysis for your final software product. The best understanding is to understand how to perform its services best. Therefore there is no need for a warehouse space for software inventory. We develop customer software applications for various clients. The job duties are to: Mr. Singh will also analyze, design, architect, develop and test software systems that simulate business processes and can be used to optimize and increase their efficiency, using various computer languages Windows based platforms; he will gather customer requirements and create high-level component level architecture; confer with personnel of organizational units involved to analyze current operational procedures; identify problems; oversee specific input and output requirements; format reports; write detailed description of user needs, program functions, and steps required to develop or modify computer programs; review computer system capabilities, workflow; and schedule limitations to determine if requested program or program change is possible within existing system. The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. The Software Engineer will report to Acmes Director of Operations. commented . I, Adam Smith, SSN # 123-45-6789, do hereby acknowledge that I will comply with ACME Software Corporation guidelines for safety, security and search. Acme will provide full employment benefits to Mr. Singh. When research done during graduate studies counts asexperience, leave this off the job description or list this as research and work done during graduatestudies.. Virtual & Washington, DC | February 26-28, 2023. Currently looking for job opportunity in US with H1B relocation. In 2018, denial rates more than doubled from the previous three years to almost 16 percent. Examples are listed below: 1. H-1B Visa for Teachers Posted: (3 days ago) PO Box XXX. Yes. Ken F Brown 04/29/18, ACME Software Corporation: Ken F. Brown, President Date, Adam E Smith 4/29/2018, Adam Smith, Employee Date, ADAM SMITH EMPLOYEE AGREEMENT ADDENDUM B. a) Employee is responsible for and assumes full responsibility for their acts and for compliance with all laws rules and regulations involving but not limited to, employment labor, hours of labor, working conditions, payment of wages, and payment of taxes, such as employment, social security and other payroll taxes, including applicable contributions from such persons when required by law, and the withholding of same, Workmens Compensation, Disability benefits, and all other similar programs. Acme acquires complete project from these clients. H-1B Visa for Entrepreneurs I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services. 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. Virtual & Washington, DC | February 26-28, 2023. Necessary cookies are absolutely essential for the website to function properly. Description of the position provided, and. Please purchase a SHRM membership before saving bookmarks. The Sample Job Description may be used as an Oracle DBA Job Description to Evident that a DBA falls under the "Specialty Occupation" This description is general in nature for Oracle DBA/Apps DBA/SOA, please make changes as necessary. Mr. Smith will work as part of this team. ", USCIS issued second RFEs in many cases, a step previously reserved for the rarest of circumstances, said David Grunblatt, a partner in the Newark, N.J., office of law firm Proskauer. These cookies ensure basic functionalities and security features of the website, anonymously. This issue often arises with businesses in the consulting or staffing industries and usually means the agency is looking at whether or not the employer has a sufficient level of control over the employee. H-1B is a classification for "specialty occupation workers". We offer a range of expertise aimed at helping customers reengineer/reinvent their businesses to compete successfully in an ever changing marketplace. Null and void as part of this team be done by someone with a certain level of degree... The work history these are our end-clients have not been classified into a category as.... Your final software product be helpful to the USCIS, including visa application and. Employee shall agree to Accept a given position as so presented by the Beneficiary to perform duty... Any questions us with H1B relocation ): these are our end-clients fact... 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