Learn more by watching our video and reading the article below! Neufeld H-1B Visa Memo FAQ's from USCIS; Sample H-1B Visa End Client Letter The Employee shall keep privy all aspects of the Companys business in particular client contracts. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". These cookies will be stored in your browser only with your consent. We also create websites. } Important PERM POINTER #1: Taking a careful look at the job duties Employee will be paid $25.00 per hour on W2 for every hour worked. 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) Bachelors degree in Computer Science or alternative related field required; Masters degree preferred4. Was this article useful? "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 Proof of sufficient warehouse space to store your software inventory. vi. For example, your developer may analyze, design, test, and develop software as indicated. The cookie is used to store the user consent for the cookies in the category "Performance". Acme then monitors, advises and guides Mr. Singh to ensure that he is on the right track and will be able to achieve the targets. It all depends on the job code which is listed on the LCA, an numeric code (eg. In addition to RFEs, some employers are now seeing H-1B denials for the first time ever. You can schedule a consultation with us by calling +1-800-808-4013 or +1-216-696-6170. "This can be a very fine line to draw, as an employer cannot detail that the entry-level position is so complex that USCIS would then take the position that it is too complex to warrant a Level 1 or Level 2 wage," Long said. Sample H1B Approval Notice - I797A ( with & without I-94) Sample H1B Request for Evidence (RFE) Sample H1B Visa Denial Notice from USCIS. H1B Job Description with Duties and Percentages Sample Template 10,115 views Here is a sample job description for a Computer Programmer with percentages of duties, please change duties as related to your job opportunity. We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry. New H-1B Visa, Cap Exempt 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. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. 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. 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.. 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. You can also follow us onfacebookas we usually post the answers there. [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]. Yes. ACME is directly responsible for Mr. Smiths salary, wages, benefits, hours worked and other employment related needs. " We require an updated Onsite Position . Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. 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. $('.container-footer').first().hide(); Level of postsecondary degree and field of study must be included in all job descriptions. Members may download one copy of our sample forms and templates for your personal use within your organization. Please log in as a SHRM member. By clicking Accept, you consent to the use of ALL the cookies. 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. For example, Evaluate existing software or stack of software that existing applications, are built to determine how to design and build applications. For example, this will include flow charts, software design platforms and methodologies including Microsoft .NET Framework, Windows DNA architecture, OOAD and others. SAMPLE Proof of your software inventory. 5. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. "The Department of Labor's Occupational Outlook Handbook is often consulted to determine whether the position offered qualifies as a specialty occupation. This includes the number of student workers he/she will supervise. This website uses cookies to improve your experience while you navigate through the website. H-1B Visa Transfer The adjudicating officer will decide whether the quality of experience is at high enough level to qualify. Doctorate in Biochemistry, Chemistry, or alternative related field required 2. Through August 2017, U.S. Acmes I-129-H Petition on behalf of Mr. Singh meets all the required criteria that a Petitioner must establish for the existence of an employer-employee relationship and that this relationship will continue to exist with the Beneficiary throughout the duration of the requested H-1B validity period. Sample H1B Visa Receipt Notice after filing Petition with USCIS. #5 Most recent 3 Pay Stubs. USCIS relies on job duties that they would not approve of themselves. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". 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. $(document).ready(function () { Your session has expired. "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. USCIS expects that the H-1B employee has done relevant coursework in college that would help them perform the job duties. Conduct review meetings with the concerned development and support teams on daily 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 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. Mr. Singh will be paid by Acme, who will be his actual employer. The latter includes specificity that indicates the position is genuine. 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 claim Mr. Singh for tax purposes. 9. H-1B Visa for Teachers We boast of one of the highest customer retention rates in the industry. Job Description Template in order to meet requirements of possible International (eventual H-1B and PERM) Applicants in the Pool VERY IMPORTANT: I fdepa rt mns hic y wou l k they would like to petition for permanent residency or PERM, within 18 months of hire, then a print ad in a national journal is required. $("span.current-site").html("SHRM MENA "); This is the reason why we always recommend that our clients should provide detailed and specialized job description in H1B document preparation. 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. New H-1B Visa, Cap Exempt The cookie is used to store the user consent for the cookies in the category "Other. ACME is listed as the 3rd largest IT Consulting Firm in the New York Computer Companies Journal. 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. I will inform ACME Software Corporation of completion or termination of any assignment. I will cover your entire USA tour expenses, including airfare, food, tools, round trip, medical insurance, housing, and personal expenses. 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. Need help with a specific HR issue like coronavirus or FLSA? 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. "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. Please see attached pictures of our servers. You have successfully saved this page as a bookmark. 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. These cookies track visitors across websites and collect information to provide customized ads. The more complex the job description is, the more likely that the proffered position can be deemed as a specialty occupation. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { You can discuss current or previous client projects by adding a sentence. Copy of signed Employment Agreement between you and beneficiary detailing the terms and conditions of employment. ACME is the custom software application that Adam Smith is being hired to work on. 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. H-1B Visa Attorney Fee These procedures relate to software architecture guidelines, project management guidelines, customer interaction guidelines, team management guidelines, amongst other things. Making it clear or not vague is providing detail, for example. H-1B Visa Renewal / Extension The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. Using a holistic approach to describing its positions is a good starting point. The letter should be printed on the companys letterhead. He will be interacting with the client and gather business requirements. In the event the customer assets are confidential, I will not copy, disclose or leave such assets unsecured or unattended. The Software Engineer will report to Acmes Director of Operations. Proof of sufficient warehouse space to store your software inventory. H-4 Visa - How to File; H-4 Visa - Sample Interview Questions; L Visas and Statuses. Here are a few tips to guide you in writing a faculty support letter: Faculty and Scholar Immigration services in every university offer immigration assistance to departments, international employees, and exchange visitors within their jurisdiction. Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services. If you have more inquiries concerning Mr. / Mr. [first name]s employment or the position they occupy, dont hesitate to contact our office at [company HR contact info]. 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). Please purchase a SHRM membership before saving bookmarks. Many do not consider them and receive incredible but avoidable frustration. Parents applying for this visa to visit their children in the US may bring the letter to the H-1B visa interview. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { #3 Most Recent I94. "Does the DOL observe that a bachelor's degree-level education is normally required, and does the DOL further elaborate on what field or fields of study workers in that occupation typically have? To prove steady work exists, an employer may provide copies of signed contracts, detailed work assignments and work orders signed by clients. This cookie is set by GDPR Cookie Consent plugin. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Virtual & Washington, DC | February 26-28, 2023. Consider healthcare management if you're driven, organized and good at communication. You face much pressure when it comes to writing an official letter to the US government for an H-1B visa. USCIS has been questioning whether foreign nationals' degrees and experience qualifies them for the job. That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. It can't just be any bachelor's degree.". 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. var currentUrl = window.location.href.toLowerCase(); 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. 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