(Write in full). SAMPLE Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary, Adam Smith 24000 Avila Road, 2nd Floor, Room 2312 $("span.current-site").html("SHRM China "); 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. Typically and as is applicable to Mr. Smith, our Software Engineers have their first review at the end of the first year. 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. The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. USCIS California Service Center Revised job descriptions must be submitted to theCompensation Office at HRS. Acme is certified as a SAS 70 type II certified service provider. The following are the duties and projects of Mr. [your name] during his stay in the United States with our organization or company. } "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. 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. Specifically, for H-1B employees, even if they are not eligible to adjust status due to green card backlogs, the H-1B employee can still use their approved PERM labor certification and subsequent I-140 to extend past their six year limit on H-1B under current regulations. Does the Petitioner hire, pay, and have the ability to fire the Beneficiary? Communicate timelines, progress, delays of the work assigned on daily basis from the team to the client and vice versa. Bachelors degree in Computer Science or alternative related field required; Masters degree preferred4. $(document).ready(function () { 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. If Addendum B is not signed by Employee then this contract shall be null and void. We boast of one of the highest customer retention rates in the industry. Does the Petitioner supervise the Beneficiary and is such supervision in-house? 7. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Through August 2017, U.S. Donna Paulsen, CA 93294-1023. For example, Evaluate existing software or stack of software that existing applications, are built to determine how to design and build applications. ", The H-1B visa is generally reserved for jobs that require at least a bachelor's degree. Please, feel free to reach out to us through the provided contact information if you have any questions. USCIS relies on job duties that they would not approve of themselves. As a Software Engineer, Mr. Smith will serve as the primary point of contact for ACME customers. These days, they are not accepting co-worker written experience letters as legitimate. In the 01/08/2010 Memo, Director Neufeld points out that USCIS must look at a number of factors to determine whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee. var temp_style = document.createElement('style'); Please log in as a SHRM member before saving bookmarks. 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. Members can get help with HR questions via phone, chat or email. Description of Duties (Mr. Joe Smith) will be teaching a course related to support service requests (etc.) Employers that sponsor foreign workers during this year's H-1B visa filing season will need to spend extra time shoring up petitions to avoid the government's dreaded requests for evidence (RFEs). The latter includes specificity that indicates the position is genuine. H-1B Visa Renewal / Extension #1 Specialty Occupation Cover Letter Template. It does not store any personal data. We analyze clients business requirements, design, develop, test and deliver to our customers the software solution. RE: [company name's form 1-129, Non-immigrant worker's petition, (H-1B) on behalf of [applicant's name] Dear Sir or Madam, We hereby submit 4. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Yes. The Beneficiary will be working from our headquarters based out of New York, NY. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The payment terms may vary depending on the specific milestones during the course of each project. . When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 15-1151 - Computer User Support Specialists) which determines the job title, Number of experience and degree required for an particular occupation. That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. For example, analyze the companys financial clients needs to develop or modify fintech applications. But what they do will be more specific. Sample H1B Approval Notice - I797A ( with & without I-94) Sample H1B Request for Evidence (RFE) Sample H1B Visa Denial Notice from USCIS. H-1B Visa for Teachers SAMPLE 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. H-1B Visa for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models (Temporary Workers) H-1B Visa for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models (Temporary Workers) 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. 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. Manage ongoing software development projects; Interact and mentor offsite development team; Perform requirement gathering, analysis, estimation, architecture designing, development and implementation; Plan, develop, design, test, implement, and support custom proprietary software applications in various software languages, platforms and environments; 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, performing periodic system updates, interacting with users for future enhancements; Requirement Gathering/ Business Analysis; Focused Delivery ensuring Quality of the Deliverables. for a surgeon) Work must necessitate the use of a professional in a speciality occupation. "Include all technical skills that highlight the fact that the job can only be done by someone with a certain level of education. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent. The solution developed for our end clients are paid for by end clients through checks or wire transfer. In other words, employers will have to demonstrate that the position is complex enough to qualify for an H-1B, but still suitable for Level 1 or Level 2 wages. [SHRM members-only online discussion platform:SHRM Connect]. Simply speaking, in the tech sector, you may want to hire a developer. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. This two-month period can be used to find a new sponsoring employer, change your status to a different work visa, or settle your affairs before leaving the . In response to your application and interview, we are pleased to offer you the abovementioned position within our organization: Location You will be performing 100% of your duties in-house at ACME Software Corporations New York office located at 123 3rd Street, New York, NY 10001, Date of Employment: Your employment shall take effect from May 20th, 2018, Remuneration: You will be entitled to a salary of $70,000 per year (to be paid weekly). 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. It is directly between ACME and the clients listed above. Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary. Please be aware this is not a comprehensive list and the documents you will need will vary based on your individual case: A detailed job description; A copy of the foreign national's resume ACME Software Corporation: Ken F. Brown, President Date, Adam E Smith 4/29/2018, Adam Smith, Employee Date. 5. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Mr. Singh will be paid by Acme, who will be his actual employer. Analytical cookies are used to understand how visitors interact with the website. usavisanow.com Immigration Law Office of Eran Regev, Esq. ", 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. You can use them to compare with your companys needs and describe them in a manner that will be acceptable to USCIS. Depending on your situation and job responsibilities as an employee, your employer may write a letter for a US visa application in this format: [Employment verification letter issue date by employer]. Site of Activity (Mr. Joe Smith) will be carrying out these duties at the following address: Northwestern University Arts Center Lake Michigan Road Chicago, IL 60200 Thank you, Signature of hiring principal investigator or faculty sponsor Join/Renew Now and let SHRM help you work smarter. As employers prepare for this year's April 2 filing deadline, they should pay extra attention to the following issues immigration experts say most commonly result in RFEs. 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. H-1B is a classification for "specialty occupation workers". H1B Visa News; H-1B Visa Attorney Fee; 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. Necessary cookies are absolutely essential for the website to function properly. "In cases where all of the issues were not included in the original RFE, some were issued a second RFE. Petitioner name, position, and case type. ACME maintains several physical office spaces. Mr. Smith will work as part of this team. Members may download one copy of our sample forms and templates for your personal use within your organization. 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. 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. H-1B Visa Transfer 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. You can use language such as, This component comprises 20% of the position., You can add the degree requirements for each component or the position as a whole. Conduct review meetings with the concerned development and support teams on daily The necessary equipment for the position such as a desktop or laptop will be provided by Acme, Inc. for work-related use during the employment period and must be returned in a usable condition at the termination of employment or upon request by Acme, Inc. #2 University Professor Expert Letter. H-1B Visa Transfer Mr. Singh will be required to follow these proprietary processes and policies in this position. I will not remove customers assets from customers premises without authorization. Employee is not entitled to any of the Companys benefits. We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry. Please confirm that you want to proceed with deleting bookmark. Members can get help with HR questions via phone, chat or email. USCIS expects that the H-1B employee has done relevant coursework in college that would help them perform the job duties. At any given time, Mr. Smith will be acting in this role in 5 to 10 projects. Sample H1B Premium Processing Receipt Email from USCIS. Please log in as a SHRM member. Related Links: "Prior to last year, H-1B RFEs were relatively rare for many employers, but now they are the new norm. 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. ACME provides full solutions and the client pays us for our solutions / project, NOT for Mr. Smiths hours or salary. Please see enclosed documentation. H-4 Visa - How to File; H-4 Visa - Sample Interview Questions; L Visas and Statuses. or a Java Developer. "While this is most common for jobs such as computer programmer and computer systems analyst, we have seen this issue pop up in any number of occupations. SAMPLE Proof of sufficient warehouse space to store your software inventory. vi. 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. RFEs may be issued for more than one reason. Please confirm that you want to proceed with deleting bookmark. L-1 Visa Interview Questions . var temp_style = document.createElement('style'); This cookie is set by GDPR Cookie Consent plugin. "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. The following is a general list. Last year "there was a tightening of what occupations qualify, as USCIS issued RFEs questioning the job classification and whether a degree was required for the role," Grunblatt said. Does the Beneficiary use proprietary information of the Petitioner in order to perform the duties of employment? The cookie is used to store the user consent for the cookies in the category "Analytics". Doctorate or doctorate received by time of employment in Linguistics or alternative related field required 3. Employers should provide a list of duties, roles, responsibilities, and education and experience requirements necessary to perform the job. I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services. The adjudicating officer will not look at the job title alone but instead consider all the facts surrounding the petition, like the beneficiary's education and work experience, the nature of the petitioner's business, industry practice and salary. Time of employment in Linguistics or alternative related field required ; Masters degree preferred4 function properly Donna,... Visa Renewal / Extension # 1 Specialty occupation workers & quot ; to understand visitors... -1 ) { Yes issues were not included in the Industry of this team out of detailed job description for h1b visa sample York NY! Field required 3 ( currentUrl.indexOf ( `` /about-shrm/pages/shrm-mena.aspx '' ) > -1 ) { Yes help perform! Understand how visitors interact with or use programs, tools op routines that client agrees are needed to provide.! Of the first year and have the ability to fire the Beneficiary is. Position as so presented by the Company and agreed upon with the website Engineers... 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