Examples are listed below: 1. In addition to RFEs, some employers are now seeing H-1B denials for the first time ever. Yes, Acme has the right to control his work. 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. H1b petition was filed in Premium processing, On day 14 I got an RFE . Subsequently, review happens every six months. RFEs will delay approvals, which in turn could delay start dates," Storch said. New H-1B Visa, Cap Exempt Research in Chemistry) may result in a higherPrevailing Wage Determination. Job descriptions are the key to obtaining an H-1B visa. } 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. Simply speaking, in the tech sector, you may want to hire a developer. Does the Beneficiary produce an end-product that is directly linked to the Petitioners line of business? Thank you. Our company is in need of a Software Engineer to work inside our physical offices in the U.S. Copy of the marketing cost analysis for your final software product. 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. Mr. Smith is not bound to a particular client(s) contract in any way. The solution developed for our end clients are paid for by end clients through checks or wire transfer. Citizenship and Immigration Services (USCIS) issued more than 85,000 RFEs for H-1B petitions overall, an increase of 45 percent over the previous year and the highest since 2009. I will promptly return the client identification badge and any other equipment or work. We develop customer software applications for various clients. 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. At any given time, Mr. Smith will be acting in this role in 5 to 10 projects. Please enable scripts and reload this page. [SHRM members-only online discussion platform:SHRM Connect]. 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. He will be interacting with the client and gather business requirements. USCIS California Service Center vi. Job descriptions are essential for obtaining a visa and recruiting the right person for the job. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. He will then analyze these requirements and prepare High Level Technical Architecture and Component level architecture. Mr. Singh will be required to follow these proprietary processes and policies in this position. Chat with OVIE and see if you qualify. He will develop and maintain both the current version and new releases. #2 University Professor Expert Letter. Scrutiny of cap-subject H-1B petitionsespecially of job duties, worker qualifications and wageshas increased since President Donald Trump's "Buy American, Hire American" executive order took effect last spring. 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. If Addendum B is not signed by Employee then this contract shall be null and void. Does the Petitioner supervise the Beneficiary and is such supervision in-house? WHEREAS, The Employee agrees for a period of one year not to compete with the Company to provide computer programming or data processing services for any other Company or by (a)soliciting any customer of the Company with which the Company has substantial dealings. 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. 4. Amended H-1B Visa 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. 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. Also, these duties are vague in that they have not specified. "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," said Sari Long, an attorney with Faegre Baker Daniels, based in Washington, D.C. "In the past, 'close enough to the related field' might have been OK to gain approval, but this is no longer the case.". $("span.current-site").html("SHRM China "); Through August 2017, U.S. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Need help with a specific HR issue like coronavirus or FLSA? 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. 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". Attn: H-1B Renewal/ Extension vii. ", [SHRM members-only online discussion platform:SHRM Connect]. 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. We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry. Alternatively, you can schedule a personal consultation with Richard Herman, a nationally-known immigration attorney by booking online. They offer any employment type to a foreign national schooling in that university, host a visiting colleague for research collaboration in the university, and sponsor a guest lecturer. We plan to visit [tourist places to visit], and this will be an opportunity to show you the American lifestyle and culture. You can discuss current or previous client projects by adding a sentence. 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. Your session has expired. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The said sponsor will provide this letter to invite relatives, including parents, and guests, to the United States. Beneficiary: Mr. Rajesh SINGH These cookies track visitors across websites and collect information to provide customized ads. 8. You can use them to compare with your companys needs and describe them in a manner that will be acceptable to USCIS. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Most of our client contracts and relationships are long term (multiple years) and consist of several projects or work product implementations. ACME is listed as the 3rd largest IT Consulting Firm in the New York Computer Companies Journal. 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. Neumann said that RFEs will often ask for a more detailed job description, documentation from other workers who work in the same position, and job ads used for the offered position. When research done during graduate studies counts asexperience, leave this off the job description or list this as research and work done during graduatestudies.. Many documents are required during the H1B visa application process. In reality, many senior workers might have graduated from college where relevant coursework might not even exist for some of their job duties. Acme maintains a unique and proprietary business model that efficiently implements and delivers software projects. 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. Laguna Niguel, CA 92677, Case Type: H-1B Renewal 7. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". H-1B Visa Overview I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services. Donna Paulsen, CA 93294-1023. H-1B Visa for Teachers 5. " We require an updated Onsite Position . It all depends on the job code which is listed on the LCA, an numeric code (eg. H-1B Visa for Entrepreneurs Yes, acme has the right to control his work Research in Chemistry ) result. Of our client contracts and relationships are long term ( multiple years ) consist! 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