detailed job description for h1b visa sample

USCIS relies on job duties that they would not approve of themselves. Copyright 2023 OnlineVisas, All rights reserved. or a Java Developer. Therefore there is no need for a warehouse space for software inventory. The following are the duties and projects of Mr. [your name] during his stay in the United States with our organization or company. Mr. Smiths payroll and taxes will be governed by applicable State and Federal tax laws including Income Tax. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. 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.. Please log in as a SHRM member before saving bookmarks. Your session has expired. We boast of one of the highest customer retention rates in the industry. The software projects being worked on by ACME are stored in the our server system and downloaded by the client. . . #3 Most Recent I94. usavisanow.com Immigration Law Office of Eran Regev, Esq. H-1B Uncovered 123 Onsite-Offshore coordination - 10% Knowledge transfer from the client to the team - Obtain the necessary technical knowledge and share, train the team. Members may download one copy of our sample forms and templates for your personal use within your organization. For example, this will include flow charts, software design platforms and methodologies including Microsoft .NET Framework, Windows DNA architecture, OOAD and others. $('.container-footer').first().hide(); Employee will receive $10.00 per hour in expenses. We are looking forward to having you join our team and building a successful career with us. The projects currently allocated to him include work for the following customers (respective contracts are attached): These are our end-clients. Employee is not entitled to any of the Companys benefits. The following is a general list. "You want to look at two things," he said. RE: [company name's form 1-129, Non-immigrant worker's petition, (H-1B) on behalf of [applicant's name] Dear Sir or Madam, We hereby submit While this is just a sample for reference, it should be customized to each individual's job being described at length. Please include specific job duties, the percentage of time to be spent on each duty, level of responsibility, hours per week of work, and the minimum education, training, and experience necessary . This article contains samples of letters to the USCIS, including visa application letters and employment letters. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. }); if($('.container-footer').length > 1){ I will not remove customers assets from customers premises without authorization. Petitioner: Acme, Inc. Through August 2017, U.S. for a surgeon) Work must necessitate the use of a professional in a speciality occupation. H-1B Visa Transfer 6. This may result in the job description having to be reposted. Doctorate in Biochemistry, Chemistry, or alternative related field required 2. "Typically, in situations where the sponsored worker will work offsite with a third party, USCIS will look at a number of factors to determine whether a valid employer-employee relationship exists," Neumann said. USCIS will issue an RFE or denial if it is vague. Including special skills, technologies and possible coursework related to the job can be helpful to the specialty occupation argument.". "It's by far the most common question asked in RFEs and the most common reason for a visa denial," said Andrew Greenfield, a partner in the Washington, D.C., office of global immigration law firm Fragomen. the adjudicating officer may wish to see a detailed job description of the specialty occupation, the work history . 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. This includes the number of student workers he/she will supervise. There is no other arrangement or entity through which work is done. You face much pressure when it comes to writing an official letter to the US government for an H-1B visa. Does the Petitioner supervise the Beneficiary and is such supervision in-house? The job description letter should be provided by a Management Head or immediate Manager on the company letterhead. Adam E Smith 4/29/2018. Thus, I am sending all the required documents for obtaining the necessary visa from [US Consulate name, e.g., Chennai Consulate]. H-1B Visa Renewal / Extension 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. 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;}'; 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. About 38 percent of H-1B petitions filed in 2018 received RFEs, compared to about 22 percent over the prior three years. When research done during graduate studies counts asexperience, leave this off the job description or list this as research and work done during graduatestudies.. }); if($('.container-footer').length > 1){ That's important because the regulations require at least a bachelor's degree or an equivalent in a specific course of study. In the event the customer assets are confidential, I will not copy, disclose or leave such assets unsecured or unattended. "It is important for employers to consider the full impact that RFEs might have on their workforce. Doctorateor doctorate received by time of employment in Linguistics or alternative related field required 3. As an award-winning immigration law firm, you can contact us to help you with that. 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. Eligibility to Qualify for the H1B Visa. Write in English; no other language will be accepted; State whether youre a US legal resident or citizen; Indicate your relationship with the H-1B applicant; Write the reason(s) for the visit and their stay duration; Include your contact details: full name, phone, email, residential address; Double-check to ensure the information is accurate and all details are complete. 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. This is required when responding to a Request for Evidence (RFE) regarding the petitioner's job and his/her . H1B Visa Documents . The adjudicating officer will decide whether the quality of experience is at high enough level to qualify. The Beneficiary will be working from our headquarters based out of New York, NY. H-1B is a classification for "specialty occupation workers". These days, they are not accepting co-worker written experience letters as legitimate. Making it clear or not vague is providing detail, for example. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. Acknowledge that all persons property, and vehicles entering or leaving those premises are subject to search and. Sample H1B Premium Processing Receipt Email from USCIS. Any overtime will be paid at $25.00 per hour on W2. Donna Paulsen, CA 93294-1023. 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. Please see enclosed documentation. } Copy of the marketing cost analysis for your final software product. ACME is a solutions provider and develops custom software for end clients. For example, analyze the companys financial clients needs to develop or modify fintech applications. But what they do will be more specific. We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry. ", Ashley Knowland, an attorney with Global Immigration Associates, a law firm affiliated withimmigration services provider Envoy, based in Chicago, advised filing detailed job descriptions that outline what the worker will be doing daily. Please log in as a SHRM member before saving bookmarks. H1B Visa sponsorship required. 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. Examples are listed below: 1. 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. 15-1151 - Computer User Support Specialists) which determines the job title, Number of experience and degree required for an particular occupation. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. USCIS California Service Center $(document).ready(function () { 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. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. "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. The position may also be so complex that it requires a degree. Description of the position provided, and. The cookie is used to store the user consent for the cookies in the category "Analytics". To request permission for specific items, click on the reuse permissions button on the page where you find the item. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. [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]. Manage ongoing software development projects; Interact and mentor offsite development team; Perform requirement gathering, analysis, estimation, architecture designing, development and implementation; Plan, develop, design, test, implement, and support custom proprietary software applications in various software languages, platforms and environments; 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, performing periodic system updates, interacting with users for future enhancements; Requirement Gathering/ Business Analysis; Focused Delivery ensuring Quality of the Deliverables. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Please enable scripts and reload this page. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. We plan to visit [tourist places to visit], and this will be an opportunity to show you the American lifestyle and culture. H1B Visa Cap / Quota for FY 2020 Join/Renew Now and let SHRM help you work smarter. } 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. Proof of sufficient warehouse space to store your software inventory. Any travel expenses associated with this position will be covered by Employee. RFEs will delay approvals, which in turn could delay start dates," Storch said. In response to your application and interview, we are pleased to offer you the abovementioned position within our organization: Location You will be performing 100% of your duties in-house at ACME Software Corporations New York office located at 123 3rd Street, New York, NY 10001, Date of Employment: Your employment shall take effect from May 20th, 2018, Remuneration: You will be entitled to a salary of $70,000 per year (to be paid weekly). This includes specifying broad parameters like timelines, business problem definition, technologies, methodologies that need to be used. I will promptly return the client identification badge and any other equipment or work. H1B Visa Sample Letter to USCIS - Herman Legal Group. 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. 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. weekly calls, reporting back to main office routinely, or site visits by the Petitioner? A performance review typically results into a bonus or a salary increment. 7. Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services. OnlineVisas is an ancillary law-related services company of the Velie Law Firm. 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. 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. 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 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. 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. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. H-1B Visa for Teachers This is the reason why we always recommend that our clients should provide detailed and specialized job description in H1B document preparation. 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. We analyze clients business requirements, design, develop, test and deliver to our customers the software solution. "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? 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. 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. 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. 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.". They dont need to do all of these things. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. 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. We also use third-party cookies that help us analyze and understand how you use this website. "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. The said sponsor will provide this letter to invite relatives, including parents, and guests, to the United States. "Prior to last year, H-1B RFEs were relatively rare for many employers, but now they are the new norm. USCIS expects that the H-1B employee has done relevant coursework in college that would help them perform the job duties. Because the Department of Labor may require additional information to be included in job descriptions,OIA may request that a job description be revised. 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. Reposted jobdescriptions require that the search be reopened. We also create websites. At any given time, Mr. Smith will be acting in this role in 5 to 10 projects. For example, your developer may analyze, design, test, and develop software as indicated. I will not share or disclose user identifiers passwords, cipher keys or computer dial port telephone numbers; and. 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. "The most common form of RFEs seen recently are those related to whether a job qualifies as a 'specialty occupation,' particularly when it is associated with an entry-level wage," Storch said. Software developers typically do the following: Analyze users needs and then design, test, and develop software to meet those needs; Recommend software upgrades for customers existing programs and systems; Design each piece of an application or system and plan how the elements will work together; Create a variety of models and diagrams (such as flowcharts) that show programmers the software code needed for an application; Ensure that a program continues to function normally through software maintenance and testing; Document every aspect of an application or system as a reference for future maintenance and upgrades; Collaborate with other computer specialists to create optimum software. 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. The Software Engineer will report to Acmes Director of Operations. #5 Most recent 3 Pay Stubs. ACME is directly responsible for Mr. Smiths salary, wages, benefits, hours worked and other employment related needs. 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. Many documents are required during the H1B visa application process. H-1B Visa Overview Parents applying for this visa to visit their children in the US may bring the letter to the H-1B visa interview. var currentUrl = window.location.href.toLowerCase(); 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. Please confirm that you want to proceed with deleting bookmark. 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 (RFEs). Yes. 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. Whatever the case may be, your letter either to show you are qualified for a posting, earn the minimum wage, or have the experience to carry out a specialty task has to be detailed. Amended H-1B Visa 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. You can schedule a consultation with us by calling +1-800-808-4013 or +1-216-696-6170. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The OOH under the Software Developer position states: You dont want to adopt this language. Yes. 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. Here is a sample cover letter to USCIS to accompany the H-1B Visa petition that addresses these issues. To request permission for specific items, click on the reuse permissions button on the page where you find the item. 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 best understanding is to understand how to perform its services best. These procedures relate to software architecture guidelines, project management guidelines, customer interaction guidelines, team management guidelines, amongst other things. Thus, you need to gather all the information you can about how the letter should go and what should and shouldnt be in it. Simply speaking, in the tech sector, you may want to hire a developer or a Java Developer. It is imperative to list the number of employees the beneficiary will supervise, when supervision is listedin the description. For example, Evaluate existing software or stack of software that existing applications, are built to determine how to design and build applications. The most frequent reason RFEs are issued in response to an H-1B petition is failure to establish that the job qualifies as a specialty occupation. Job descriptions are essential for obtaining a visa and recruiting the right person for the job. M.D. Attn: H-1B Renewal/ Extension "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. Specifically, for H-1B employees, even if they are not eligible to adjust status due to green card backlogs, the H-1B employee can still use their approved PERM labor certification and subsequent I-140 to extend past their six year limit on H-1B under current regulations. SAMPLE Copy of the marketing and analysis for your final software product. . Petitioner name, position, and case type. #1 Specialty Occupation Cover Letter Template. Using a holistic approach to describing its positions is a good starting point. vii. New York, NY 10011. Do not have in their possession hazardous materials of any kind on those premises without buyers authorization; iv. 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. USCIS details, including the address and ATTN. The rate of approvals for petitions subjected to RFEs fell to 60 percent, compared to an approval rate of more than 80 percent in 2015. SAMPLE Proof of your software inventory. The invitation letter can be a supporting document during the interview. 4. } 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. (Adam Smith Social Security # 123-45-6789, located at 100 10th Street, Apt. 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]. usavisanow.com Immigration Law Office of Eran Regev, Esq. 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. L-1 Visa Interview Questions . 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. 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. Yes. Sample H1B Approval Notice - I797A ( with & without I-94) Sample H1B Request for Evidence (RFE) Sample H1B Visa Denial Notice from USCIS. How does the Petitioner maintain such supervision, i.e. $(document).ready(function () { commented . RFEs may be issued for more than one reason. He will need to be hands-on and technical in being able to assist team and also trouble shoot and fix in case the delivery from his team does not fit the customers specifications. These cookies ensure basic functionalities and security features of the website, anonymously. Mr. [your name] is to perform as a [your job title] using his xx skills on the project below: Required skills: skill-1, skill-2skill-n, [FOIA Request Cover Letter center aligned]. H1B Visa News; H-1B Visa Attorney Fee; 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. Members can get help with HR questions via phone, chat or email. 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. These requests for more information are no trifling matter. 3. ", USCIS issued second RFEs in many cases, a step previously reserved for the rarest of circumstances, said David Grunblatt, a partner in the Newark, N.J., office of law firm Proskauer. 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). 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. Was this article useful? Mr. Smith is not bound to a particular client(s) contract in any way. 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]. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. d) It is understood that the Employee will be performing as an Employee within the parameters as set forth by the Company in accordance both with its Contract and with its Client(s) and Its corporate policy and that the work performed by the Employee Will be In a competent and professional manner and that the Employee will also comply with the rules and regulations established by the Client.

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