"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. His benefits are governed and managed by our HR department and includes Health Insurance, Life, AD&D, Dental, Vision, Paid Vacations, 401(K) amongst other things. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The Petitioner must be able to establish that it has the right to control over when, where, and how the Beneficiary performs the job and USCIS will consider the following to make such a determination (with no one factor being decisive): 1. Examples are listed below: 1. WHEREAS, The Company is engaged in software services and as such possesses certain expert knowledge in the field of endeavor, and furthermore, possesses certain confidential contracts, including exact and specific jobs, all of which knowledge and experience has been obtained over long periods of time working in this field of endeavor. Any travel expenses associated with this position will be covered by Employee. Below is a format for an H-1B visa letter for in-house employment in a software consulting company to the USCIS for H-1B petition. }); if($('.container-footer').length > 1){ H-1B Visa Renewal / Extension Strategies for Drafting Winning Job Descriptions for H-1B Visas, U.S. State Department to Launch Visa Renewal Pilot Program, USCIS Settles Case That Benefit H-1 & L-1 Spouses, Extend Your Green Card Validity with USCIS Updated Policy: No More Waiting for Naturalization. "Typically, in situations where the sponsored worker will work offsite with a third party, USCIS will look at a number of factors to determine whether a valid employer-employee relationship exists," Neumann said. For the position, Mr. Smith will be required to use tools including Microsoft Software Development platforms like Visual Studio, .NET framework, flow chart and architectural tools like MS Visio and code management tools like MS Visual source safe. You will provide technical support to project team members; contribute to companys intellectual property development; evaluate user requests for new or modified programs; consult with user to identify current operating procedures to clarify program objectives; formulate plans outlining steps required to develop programs, using structured analysis and design; prepare flowcharts and diagrams to illustrate sequence of steps, program must follow and to describe logical operations involved; write documentation to describe program development, logic, coding and corrections; oversee installation of hardware and software, monitor performance of program after implementation; conduct user training, perform periodic system updates, interact with users for future enhancements; and resolve software application problems. 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. " We require an updated Onsite Position . H1B Visa sponsorship required. Does the Petitioner have the right to control the work of the Beneficiary on a day-to-day basis if such control is required? USCIS also issues RFEs to petitioning employers that fail to establish that the H-1B worker at a third-party site will be engaged in specific work in the specialty occupation for the requested period of employment. Job Description; Job description is another element that USCIS will reply on. 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. It all depends on the job code which is listed on the LCA, an numeric code (eg. Subsequently, review happens every six months. Need help with a specific HR issue like coronavirus or FLSA? Up to 203 of h1b rfe job description sample are ready to be chosen. This cookie is set by GDPR Cookie Consent plugin. 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. Does the Petitioner provide the tools or instrumentalities needed by the Beneficiary to perform the duties of employment? Acme acquires complete project from these clients. The job description letter should be provided by a Management Head or immediate Manager on the company letterhead. The position may also be so complex that it requires a degree. This includes specifying broad parameters like timelines, business problem definition, technologies, methodologies that need to be used. Beneficiary: Mr. Rajesh SINGH Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 2. 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. H-1B Visa for Entrepreneurs Employee will receive $10.00 per hour in expenses. H-1B visas are granted to individuals who are qualified workers in a "specialty occupation". . "The petitioner may be requested to submit documentation to establish that it has the right to control over when, where and how the beneficiary performs the job," she said. Making it clear or not vague is providing detail, for example. In the event the customer assets are confidential, I will not copy, disclose or leave such assets unsecured or unattended. vii. Please log in as a SHRM member before saving bookmarks. We plan to visit [tourist places to visit], and this will be an opportunity to show you the American lifestyle and culture. These requests for more information are no trifling matter. Currently looking for job opportunity in US with H1B relocation. Here are the top three reasons the agency issued requests for evidence to employers for H-1B petitions. Therefore, percentages of time required to perform each duty must belisted. Related Links: The job requires a bachelor's degree (e.g. Search and download FREE white papers from industry experts. 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. Acme hires, pays, and has the ability to fire Mr. Singh. But what they do will be more specific. in the top bullet. the adjudicating officer may wish to see a detailed job description of the specialty occupation, the work history . Employee is not entitled to any of the Companys benefits. 15-1151 - Computer User Support Specialists) which determines the job title, Number of experience and degree required for an particular occupation. ", Greenfield recommended employers first determine how the job being offered aligns with the most closely related occupation as defined by the Department of Labor (DOL) to get a sense of what the minimum educational requirements are for the job. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. While this is just a sample for reference, it should be customized to each individual's job being described at length. Sample H-1B Visa Letter to USCIS - In House Employment - Consulting Company The 2010 Neufeld memo requires employers to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee. Chat with OVIE and see if you qualify. He will be interacting with the client and gather business requirements. Communicate timelines, progress, delays of the work assigned on daily basis from the team to the client and vice versa. $("span.current-site").html("SHRM China "); 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. H-1B Visa Transfer "It is important for employers to consider the full impact that RFEs might have on their workforce. Position: Software Engineer. Employee will sign Addendum B and Acknowledgement Form. ACME is a Solutions provider that bids and works on clients software projects, in-house. Please purchase a SHRM membership before saving bookmarks. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services. "Employers should evaluate whether the role and job description for the foreign national is one that requires a bachelor's degree as a minimum to enter the occupation. Doctorate in Biochemistry, Chemistry, or alternative related field required 2. SHRM Employment Law & Compliance Conference, "Buy American, Hire American" executive order, How to Mitigate the Most Common H-1B Requests for Evidence, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, SHRM Report: How to Ensure Latino Workers Arent Left Behind in the Digital Economy, White House Takes Action Against Migrant Child Labor. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. 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. Laguna Niguel, CA 92677, Case Type: H-1B Renewal Scrutiny of cap-subject H-1B petitionsespecially of job duties, worker qualifications and wageshas increased since President Donald Trump's "Buy American, Hire American" executive order took effect last spring. Mr. Smith will work as part of this team. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Specifically, "USCIS focused on cases where the degree was not clearly related to the occupation or where the foreign national did not have an equivalent of a U.S. degree," Grunblatt said. ", Ashley Knowland, an attorney with Global Immigration Associates, a law firm affiliated withimmigration services provider Envoy, based in Chicago, advised filing detailed job descriptions that outline what the worker will be doing daily. His role is as a Software Engineer working out of our headquarters and physical office in New York, NY. Analytical cookies are used to understand how visitors interact with the website. For example, analyze the companys financial clients needs to develop or modify fintech applications. H-1B Visa for Entrepreneurs I will use such assets only for purposes of this agreement and reimburse ACME Software Corporation for any unauthorized use. This article will discuss: #1 Form I-129. var currentUrl = window.location.href.toLowerCase(); You face much pressure when it comes to writing an official letter to the US government for an H-1B visa. 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;}'; Mr. Singh continues to qualify for this specialty occupation position of Software Engineer as he has the equivalent of a U.S. Masters degree in Computer Science and has over 10 years of experience in Software Development. Copy of signed Employment Agreement between you and beneficiary detailing the terms and conditions of employment. 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. #3 Progressive Work Experience Letter. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Their current gross salary is [xx,000] USD [gross salary in words] based on the methodologies for calculation. Please be advised that we, Acme, Inc. (Acme), are seeking permission from the USCIS for Mr. Singh to continue to work at our Software Consulting firm as a Software Engineer on a temporary basis in H-1B status. Thank you. To prove steady work exists, an employer may provide copies of signed contracts, detailed work assignments and work orders signed by clients. "In the past, 'close enough to the related field' might have been OK to gain approval, but this is no longer the case.". He will need to be hands-on and technical in being able to assist team and also trouble shoot and fix in case the delivery from his team does not fit the customers specifications. 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