H-1B Visa Renewal / Extension Do not have in their possession hazardous materials of any kind on those premises without buyers authorization; iv. Doctorate or doctorate received by time of employment in Linguistics or alternative related field required 3. To request permission for specific items, click on the reuse permissions button on the page where you find the item. For example, analyze the companys financial clients needs to develop or modify fintech applications. Thank you for your time and consideration in adjudicating this petition. ", Job descriptions need to be as specific as possible and be very closely related to the Standard Occupational Classification (SOC) code that is used on the petition's labor condition application, said Beth Carlson, an immigration attorney and counsel in the Minneapolis office of law firm Faegre Baker Daniels. Note that the wordings in this sample lettercan be suited to your specific needs and related details: The Consulate General of the U. S. A. Do not bring weapons of any kind onto those premises; ii. Currently looking for job opportunity in US with H1B relocation. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". var temp_style = document.createElement('style'); Citizenship and Immigration Services (USCIS), as denial rates grew and approval rates fell. Including a letter from the client acknowledging the work arrangement is also a good idea, if possible. The Employee agrees to keep accurate time records working at the job site heretofore indicated, and will submit copies of such time records to the Company for the Companys approval and acceptance. 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. We have a few clients that have us do work every month and others that we build something for and are done for a while. The latter includes specificity that indicates the position is genuine. 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. 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. 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. 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. $('.container-footer').first().hide(); 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. 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. These cookies track visitors across websites and collect information to provide customized ads. Conduct review meetings with the concerned development and support teams on daily H1B Visa Cap / Quota for FY 2020 "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. Long explained that if the foreign worker has a degree in an unrelated or a somewhat related field but many years of work experience in a field related to the job, the employer should obtain an evaluation that determines that the education plus the work experience is equivalent to the requirements requested by the position. "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. ", [SHRM members-only online discussion platform:SHRM Connect]. Position: Software Engineer. Related Links: 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. ACME Software Corporation: Ken F. Brown, President Date, Adam E Smith 4/29/2018, Adam Smith, Employee Date. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. RFEs will delay approvals, which in turn could delay start dates," Storch said. 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.". (Adam Smith Social Security # 123-45-6789, located at 100 10th Street, Apt. } 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 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. Adam E Smith 4/29/2018. We boast of one of the highest customer retention rates in the industry. 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. Typically and as is applicable to Mr. Smith, our Software Engineers have their first review at the end of the first year. By clicking Accept, you consent to the use of ALL the cookies. Job descriptions are essential for obtaining a visa and recruiting the right person for the job. You can also follow us onfacebookas we usually post the answers there. The Software Engineer will report to Acmes Director of Operations. Mr. Smith will also be responsible to create a task list and plan that will allow the development team members to deliver the software solution. 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. 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. "USCIS wants to see detail, so it can be helpful to provide a detailed job description with the percentage of time the worker will be spending on each job duty," Greenfield said. In the USA, USCIS needs this employer-provided detailed experience cum tech verification letter with responsibilities and duties for H1B, to evaluate the basis of your Green card application. That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. #4 Most Recent Entry to US Immigration Stamp. USCIS has been questioning whether foreign nationals' degrees and experience qualifies them for the job. But what they do will be more specific. Here are the top three reasons the agency issued RFEs for H-1B petitions; employers can use this information to try to anticipate issues that adjudicators might raise. We also use third-party cookies that help us analyze and understand how you use this website. Please log in as a SHRM member before saving bookmarks. The software projects being worked on by ACME are stored in the our server system and downloaded by the client. Writing a letter doesnt come easy to most of us, especially to a governmental body like the US government. The projects currently allocated to him include work for the following customers (respective contracts are attached): These are our end-clients. 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. 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. M.D. Please purchase a SHRM membership before saving bookmarks. We develop customer software applications for various clients. Acme communicates to Mr. Singh the work product and target that needs to be archived from the project at a high-level. #3 Most Recent I94. H-1B Visa Do it Yourself Kit. 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. Does the Beneficiary produce an end-product that is directly linked to the Petitioners line of business? It can't just be any bachelor's degree.". Join/Renew Now and let SHRM help you work smarter. 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. Thank you. For example, this will include flow charts, software design platforms and methodologies including Microsoft .NET Framework, Windows DNA architecture, OOAD and others. Please find attached photographs of the building, office and workstations and a copy of the signed Lease Agreement between ACME and ABC Building Management. "Prior to last year, H-1B RFEs were relatively rare for many employers, but now they are the new norm. H-1B Visa Renewal / Extension 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. This cookie is set by GDPR Cookie Consent plugin. Does the Petitioner supervise the Beneficiary and is such supervision in-house? I will promptly return the client identification badge and any other equipment or work. H-1B visas are granted to individuals who are qualified workers in a "specialty occupation". Doctorate in Biochemistry, Chemistry, or alternative related field required 2. They dont need to do all of these things. 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. He will develop and maintain both the current version and new releases. Members may download one copy of our sample forms and templates for your personal use within your organization. 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