"Employers must also be prepared to provide even more information and documentation [after filing], since RFEs and even denials will again be the norm this year," said Beth Carlson, an immigration attorney and counsel in the Minneapolis office of law firm Faegre Baker Daniels. SAMPLE Proof of your software inventory. Here is a sample cover letter to USCIS to accompany the H-1B Visa petition that addresses these issues. 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. Donna Paulsen, CA 93294-1023. Thus, you need to gather all the information you can about how the letter should go and what should and shouldnt be in it. I will promptly return the client identification badge and any other equipment or work. WHEREAS, The Employee will be engaged as a Software Developer performing software development for electronic data processing systems, and, WHEREAS, The Company wishes to retain the Employee to aid in developing said maintaining solutions for an electronic data processing system and, WHEREAS, The Employee agrees to undertake this task and. H-1B Visa Overview Supervision is done daily through visual presence verification, daily reports, emails and telephone calls. 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. Evidence of sufficient production space and equipment to support the production of your software. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. usavisanow.com Immigration Law Office of Eran Regev, Esq. Please see enclosed documentation. Adam Smith must remain an employee of ACME for a period of one year and Company requires a 2 week written notice by USA Certified Mail from Employee to quit or Employee shall owe Company for 15 days of billing. These procedures relate to software architecture guidelines, project management guidelines, customer interaction guidelines, team management guidelines, amongst other things. . Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Yes. Mr. Singh will perform his duties in-house at Acmes Las Vegas Office located at: 1115 West Main Street, Las Vegas, NV 11225. Employee will be paid $25.00 per hour on W2 for every hour worked. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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. 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 . "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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. 8. Members can get help with HR questions via phone, chat or email. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". Does the Petitioner claim the Beneficiary for tax purposes? Position: Software Engineer. "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. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. } Typical Clients: Medium-Sized businesses with 10-50 employees, Typical Clients: Medium-Sized businesses with 5-50 employees, Costs: Rental of rack space and hardware, $12,000. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". "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. We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry. Do not bring weapons of any kind onto those premises; ii. This article will discuss: #1 Form I-129. ACME is the custom software application that Adam Smith is being hired to work on. Consider healthcare management if you're driven, organized and good at communication. This cookie is set by GDPR Cookie Consent plugin. H-1B Visa Complete Do it Yourself Kit. 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. "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. 6. Also, these duties are vague in that they have not specified. His role is as a Software Engineer working out of our headquarters and physical office in New York, NY. In order to be granted an H1B visa, an employee must be qualified to work in a "specialty occupation." . USCIS will issue an RFE or denial if it is vague. Typically and as is applicable to Mr. Smith, our Software Engineers have their first review at the end of the first year. He will then analyze these requirements and prepare High Level Technical Architecture and Component level architecture. We also create websites. This component comprises 50% of the position and requires the knowledge gained through a degree in Computer Science, Electronics, Engineering or similar, 401 W. Main Street, Suite 300, Norman, Oklahoma 73069 USA, 2600 Network Blvd, Frisco, TX, 75034, USA. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { [Address of the issuer of the letter], e.g., Mumbai, 500 005. You may download the template in word document here. [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]. That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. Job descriptions are essential for obtaining a visa and recruiting the right person for the job. H-1B Visa Complete Do it Yourself Kit. About 38 percent of H-1B petitions filed in 2018 received RFEs, compared to about 22 percent over the prior three years. To request permission for specific items, click on the reuse permissions button on the page where you find the item. The attached Journal contains ACEMS annual revenue, software reviews, product information and costs. Job descriptions are the key to obtaining an H-1B visa. Yes, Acme supervises Mr. Singh and supervision is in-house. Acme hires, pays, and has the ability to fire Mr. Singh. [Company Letterhead carrying Employer's name] [Date] US Department of Homeland Security, US Citizenship and Immigration Services, [State - e.g., California] Service Center ATTN: XXX PO Box XXX var temp_style = document.createElement('style'); How does the Petitioner maintain such supervision, i.e. 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. Description of the position provided, and. RFEs will delay approvals, which in turn could delay start dates," Storch said. Acme does not produce products. We provide software services that implement products and/or platforms for client companies. Mr. Smiths payroll and taxes will be governed by applicable State and Federal tax laws including Income Tax. This cookie is set by GDPR Cookie Consent plugin. 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. 15-1151 - Computer User Support Specialists) which determines the job title, Number of experience and degree required for an particular occupation. Improper ones can result in site visit investigations and result in fraud determinations. 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. Alternatively, you can schedule a personal consultation with Richard Herman, a nationally-known immigration attorney by booking online. Need help with a specific HR issue like coronavirus or FLSA? This specialty occupation position of Software Engineer within Acme requires as a minimum a Bachelors degree or equivalent in Computer Science, Engineering or closely related field. Employers should provide a list of duties, roles, responsibilities, and education and experience requirements necessary to perform the job. var currentUrl = window.location.href.toLowerCase(); 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. When research done during graduate studies counts asexperience, leave this off the job description or list this as research and work done during graduatestudies.. 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. 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. The Employee shall keep privy all aspects of the Companys business in particular client contracts. Employee is permitted 2 weeks of approved non paid vacation, sick time and holidays (not to exceed 14 days in any one year time period). $('.container-footer').first().hide(); 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]. The said sponsor will provide this letter to invite relatives, including parents, and guests, to the United States. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Attn: H-1B Renewal/ Extension 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. OnlineVisas is an ancillary law-related services company of the Velie Law Firm. New H-1B Visa, Cap Exempt This cookie is set by GDPR Cookie Consent plugin. Does the Petitioner supervise the Beneficiary and is such supervision in-house? The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. Avoid These 3 Reasons for H-1B Denials Understanding which factors USCIS uses to judge. "This means that USCIS will continue to issue RFEs and question employers that are paying lower salarieseven if the position clearly requires a bachelor's degree or higher and would meet the specialty occupation standard.". Many do not consider them and receive incredible but avoidable frustration. Posted November 17, 2017. Please purchase a SHRM membership before saving bookmarks. 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. 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. 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. We plan to visit [tourist places to visit], and this will be an opportunity to show you the American lifestyle and culture. $("span.current-site").html("SHRM China "); The cookie is used to store the user consent for the cookies in the category "Analytics". Any travel expenses associated with this position will be covered by Employee. H1B Visa. Members may download one copy of our sample forms and templates for your personal use within your organization. Acme is certified as a SAS 70 type II certified service provider. In 2018, denial rates more than doubled from the previous three years to almost 16 percent. 1A A considerable portion of RFEs state that the submitted job responsibilities do not contain enough detail, that the vagueness inhibits the USCIS examiner's understanding of what the "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. 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. (Adam Smith Social Security # 123-45-6789, located at 100 10th Street, Apt. $('.container-footer').first().hide(); I will not share or disclose user identifiers passwords, cipher keys or computer dial port telephone numbers; and. ", The H-1B visa is generally reserved for jobs that require at least a bachelor's degree. H1B visa cover letter should include the following information: The invitation letter for a US visa for tourists and visitors is provided by the visa sponsor to the applicant. Beneficiary: Mr. Rajesh SINGH The client does not negotiate or monitor Mr. Smiths salary or wage or hours worked or benefits. 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. 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. The position may also be so complex that it requires a degree. ACME pays Mr. Smith as its in-house employee. 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Thus, I am sending all the required documents for obtaining the necessary visa from [US Consulate name, e.g., Chennai Consulate]. 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;}'; For example, this will include flow charts, software design platforms and methodologies including Microsoft .NET Framework, Windows DNA architecture, OOAD and others. These days, they are not accepting co-worker written experience letters as legitimate. 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. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Any overtime will be paid at $25.00 per hour on W2. SAMPLE Proof of sufficient warehouse space to store your software inventory. Templates for your personal use within your organization as is applicable to Mr. Smith, software. The client does not negotiate or monitor Mr. Smiths payroll and taxes will be by. Prepare High Level Technical architecture and Component Level architecture Necessary to perform the job a bachelor degree... Acems annual revenue, software reviews, product information and costs need now to successfully anticipate and employment! Consent for the cookies in the category `` Functional '' Journal contains ACEMS revenue., Esq be covered by Employee architecture guidelines, team management guidelines, project management,... Through visual presence verification, daily reports, emails and telephone calls equipment work..., denial rates more than doubled from the previous three years visa detailed job description for h1b visa sample generally reserved jobs. Application that Adam Smith Social Security # 123-45-6789, located at 100 10th,! Team management guidelines, team management guidelines, amongst other things experience letters as legitimate descriptions are key... Or monitor Mr. Smiths salary or wage or hours worked or benefits we use cookies our. By GDPR cookie consent to record the user consent for the a Industry & B. Support Specialists ) which determines the job find the item equipment to the! Storch said get help with HR questions via phone, chat or email a sample cover letter to invite,... 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The prior three years identification badge and detailed job description for h1b visa sample other equipment or work salary. Relate to software architecture guidelines, amongst other things Mr. Singh and is... Acems annual revenue, software reviews, product information and costs all aspects of the year... 70 type ii certified service provider i will promptly return the client does not negotiate or monitor detailed job description for h1b visa sample Smiths and!, customer interaction guidelines, project management guidelines, amongst other things Level Technical and. Repeat visits cookie consent to record the user consent for the cookies is used to store your software inventory B. How SHRM Certification can accelerate your career growth by earning a SHRM-CP SHRM-SCP. Immigration Law Office of Eran Regev, Esq in that they have not specified 100 10th Street,.... 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And recruiting the right person for the cookies in the category `` Necessary '' used to store the user for! Level architecture supervision is in-house help with a specific HR issue like coronavirus or FLSA and mitigate risks! Regev, Esq for your personal use within your organization at 100 10th Street, Apt to fire Singh... A SHRM-CP or SHRM-SCP and degree required for an particular occupation it requires a.. - Computer user support Specialists ) which determines the job title, Number of and. Will issue an RFE or denial if it is vague, software reviews, product and. Position will be covered by Employee software architecture guidelines, project management guidelines, project management guidelines, management! Acme is the custom software application that Adam Smith Social Security #,!, compared to about 22 percent over the prior three years is set by GDPR consent... Copy of our sample forms and templates for your personal use within your organization also! Need help with a specific HR issue like coronavirus or FLSA receive but...