USCIS expects that the H-1B employee has done relevant coursework in college that would help them perform the job duties. 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. commented . Does the Petitioner provide the tools or instrumentalities needed by the Beneficiary to perform the duties of employment? Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services. } USCIS relies on job duties that they would not approve of themselves. Sample H1B Premium Processing Receipt Email from USCIS. Members may download one copy of our sample forms and templates for your personal use within your organization. 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. 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. "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. usavisanow.com Immigration Law Office of Eran Regev, Esq. Does the Petitioner claim the Beneficiary for tax purposes? To accept this offer, on the above terms and condition, please sign this letter and return it to the Company by May 5th, 2018. 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. This will need expertise in various technical languages like VB.NET, C#, ASP.NET, ADO.NET, Web Forms, Web Controls, Win Forms, VB 6.0, Microsoft SQL Server. } 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. The following is a list of recently manufactured software for clients which are being offered for FREE in an effort to promote our services, which is our primary offering: Our software is stored on our servers. SAMPLE Copy of the marketing and analysis for your final software product. H-1B Visa Complete Do it Yourself Kit. Safety and security: Adam Smith will ensure that he will abide by the following guidelines for safety and security while on the customers premises: i. Do not manufacture, sell, distribute, possess, use or be under the influence of controlled substances (for nonmedical reasons) or alcoholic beverages while on those premises; iii. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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. Acme acquires complete project from these clients. A poorly written letter can truncate the documentation process or mean you do not have the equivalent university degree as an employee to work for a particular employer. Search and download FREE white papers from industry experts. 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. But opting out of some of these cookies may affect your browsing experience. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. The job requires a bachelor's degree (e.g. b) Employee agrees to hold harmless and indemnify the Company and its Officers and Directors as well as the Companys clients, from any assessment of taxes, premiums, damages, liabilities and costs incurred due to Employees failure to so qualify (or due to failure to remit appropriate taxes to governmental agencies) under the terms of the above law and guidelines. Copy of the marketing cost analysis for your final software product. 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. The solution developed for our end clients are paid for by end clients through checks or wire transfer. H-1B Visa Complete Do it Yourself Kit. H1B Visa Documents . Posted: (3 days ago) PO Box XXX. The Beneficiary will be working from our headquarters based out of New York, NY. 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. Mr. Smith is not bound to a particular client(s) contract in any way. 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;}'; Beneficiary: Mr. Rajesh SINGH We plan to visit [tourist places to visit], and this will be an opportunity to show you the American lifestyle and culture. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Employee will be paid $25.00 per hour on W2 for every hour worked. H-1B is a classification for "specialty occupation workers". Acme will provide full employment benefits to Mr. Singh. H-1B Visa for Entrepreneurs The cookie is used to store the user consent for the cookies in the category "Analytics". 6. c) Employee shall be prepared to furnish, If requested by the Company, certificates of adequate proof of Education and Employment history. "In addition to obtaining a credentials evaluation, the employer will also want to show in the company support letter why the background of the H-1B worker qualifies and is acceptable to the job opportunity," she said. Yes. Acmes processes and monitoring methodologies are audited for compliance by independent Auditors. For example, your developer may analyze, design, test, and develop software as indicated. 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.". Writing a Detailed Job Description for H-1B Petitions A common H-1B RFE issue is for USCIS to ask for additional clarification on the job responsibilities submitted. Petitioner name, position, and case type. Was this article useful? 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. Also, these duties are vague in that they have not specified. Donna Paulsen, CA 93294-1023. We hereby submit a petition for a non-immigrant employee for Mr. (employees name) as a (job title) on a temporary basis at (company name). "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. v. Remain in authorized areas only (limited to the work locations, cafeterias, rest rooms and, in the event of a medical emergency, buyers medical facilities). H1B Visa Cap / Quota for FY 2020 The said sponsor will provide this letter to invite relatives, including parents, and guests, to the United States. We offer a range of expertise aimed at helping customers reengineer/reinvent their businesses to compete successfully in an ever changing marketplace. Revised job descriptions must be submitted to theCompensation Office at HRS. This website uses cookies to improve your experience while you navigate through the website. We have developed it and continue to develop it as well as support it. #2 LCA - Labor Condition Application. However, the Department of Homeland Security's Federal Register implemented a final rule in January of 2017 that grants a 60-day grace period to any H1B holder who experiences a job loss. 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 . usavisanow.com Immigration Law Office of Eran Regev, Esq. If there seems to be a deviation or if Acme believes that Mr. Singh may not be able to achieve the target, the Acme will intervene and help Mr. Singh through constant management and guidance. For example, Evaluate existing software or stack of software that existing applications, are built to determine how to design and build applications. We develop customer software applications for various clients. Employee is not entitled to any of the Companys benefits. This includes specifying broad parameters like timelines, business problem definition, technologies, methodologies that need to be used. It is imperative to list the number of employees the beneficiary will supervise, when supervision is listedin the description. I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services. I will not share or disclose user identifiers passwords, cipher keys or computer dial port telephone numbers; and. Mr. Smith will work as part of this team. ACME is directly responsible for Mr. Smiths salary, wages, benefits, hours worked and other employment related needs. Acme hires, pays, and has the ability to fire Mr. Singh. 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. in the top bullet. 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. 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. Your session has expired. But what they do will be more specific. Eligibility to Qualify for the H1B Visa. This software application integrates X and Y Project. "Approval or denial often comes down to a judgment call by the adjudicating officer," said Emily Neumann, a partner at law firm Reddy and Neumann in Houston. H1B Visa Cap / Quota for FY 2020 This article will discuss: #1 Form I-129. Sample H1B Visa Receipt Notice after filing Petition with USCIS. 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 Acme maintains a unique and proprietary business model that efficiently implements and delivers software projects. These cookies ensure basic functionalities and security features of the website, anonymously. #4 Most Recent Entry to US Immigration Stamp. 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. 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. SHRM Employment Law & Compliance Conference, 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. Alternatively, you can schedule a personal consultation with Richard Herman, a nationally-known immigration attorney by booking online. When both functions are combined (essential functions plus other functions) the total percentagelisted for all duties must equal 100%. Because the Department of Labor may require additional information to be included in job descriptions,OIA may request that a job description be revised. Please log in as a SHRM member. $("span.current-site").html("SHRM MENA "); In order to qualify as such, you will be required to adhere to one of the following requirements: The minimum requirement is typically a bachelor's degree (or equivalent) for the position. "Last year's H-1B cap season was a major change for many employers," said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". In 2018, denial rates more than doubled from the previous three years to almost 16 percent. This is the reason why we always recommend that our clients should provide detailed and specialized job description in H1B document preparation. Up to 203 of h1b rfe job description sample are ready to be chosen. First, USCIS will say you just adopted the language from the OOH and infer you dont have actual job duties. Copyright 2023 OnlineVisas, All rights reserved. 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 is the custom software application that Adam Smith is being hired to work on. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. Learn more by watching our video and reading the article below! 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. The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. Please confirm that you want to proceed with deleting bookmark. 24000 Avila Road, 2nd Floor, Room 2312 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. Such as, Current and previous clients include: CitiBank, the State of Kentucky, Frist Bank of Hometown over, the last three years. You may want to add, Company has ongoing projects and renewable contracts for the next five years. You can add specifics such as adding technology programs or languages. 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. This contract shall commence in full force the date that this contract is signed by both parties. Understanding which factors USCIS uses to judge visa eligibility is critical. Doctorate in Biochemistry, Chemistry, or alternative related field required 2. He will develop and maintain both the current version and new releases. 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. I will inform ACME Software Corporation of completion or termination of any assignment. Members can get help with HR questions via phone, chat or email. 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. L-1 Visa Interview Questions . ACME provides full solutions and the client pays us for our solutions / project, NOT for Mr. Smiths hours or salary. H-1B Visa Renewal / Extension New York, NY 10011. If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it. It is directly between ACME and the clients listed above. Doctorate in Biochemistry, Chemistry, or alternative related field required 2. Benefits, hours worked and other employment related needs alternative related field required 2 in Biochemistry, Chemistry or... Describes the nature of the marketing and analysis for your final software product can add specifics such as adding programs... Of an employment offer letter that clearly describes the nature of the and! The employee for your final software product to determine how to design and applications. Application that Adam Smith is being hired to work on the language from the previous years... May download one copy of the marketing and analysis for your final software product with or use,! 1 Form I-129 Visa Cap / Quota for FY 2020 this article will discuss: # 1 I-129! Uscis relies on job duties description sample are ready to be performed by Company! 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Learn more by watching our video and reading the article below schedule a personal consultation with Richard Herman a. To fire Mr. Singh termination of any assignment a nationally-known Immigration attorney booking! Services to be performed by the Company and agreed upon with the employee shall agree to accept a given as... Used to store the user consent for the next five years the total percentagelisted for all must... Methodologies that need to be performed by the Beneficiary will supervise, when supervision is listedin the description the! Job descriptions must be submitted to theCompensation Office at HRS skills, technologies and coursework. Phone, chat or email the Petitioner provide the tools or instrumentalities needed by detailed job description for h1b visa sample Beneficiary the... That 's important because the regulations require at least a bachelor 's degree or an equivalent in specific! 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