In short, My RFE is asking for
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Copies of petitioner’s present and past job vacancy announcements.
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and have always been fully paid.
- List of all non-immigrant employees with receipt number.
2. Form DE-6, quarterly Wage Report
3. Company Profile
4. Current number of employees
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary’s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner’s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner’s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner’s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary’s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner’s claim of qualifying employment.
Depending on the petitioner’s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary’s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner’s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner’s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 ½ x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
2. Form DE-6, Quarterly Wage Report: Submit copies of the petitioner’s most recently filed California Employment Development Department (EDD) form DE-6, Quarterly Wage Reports for all employees that were accepted by the State of California. The form should include the names, SS N, and number of weeks worked for all employees.
3. Company Profile: Provide a more detailed description about the petitioner’s business organization. Include evidence such as copies of company brochures, pamphlets, internet websites, or any other printed work published by the petitioner which outlines, in detail, the products or services provided by its company.
4. Current number of employees: USCIS records indicate that the petitioner has filled a significantly higher number of H-1B petitions when compared to the number of employees claimed on the petition. Those same records also indicate that majority of those petitions, filed within the last three years, have been approved.
Provide current employment status and locations for all previously approved H-1B, L-1A, and/or L-1B employees. If any of those previously approved nonimmigrant beneficiaries are no longer working for the petitioner, it is required that the petitioner provide letters requesting withdrawal of those beneficiaries’ petitions. Be sure to include the petition receipt number (i.e. WAC XX XXX XXXX), the beneficiary’s name, date of birth, immigration status and the date the beneficiary’s employment was terminated with the petitioner.
Possible Reply for above RFE:
My comapny A is an IT consulting firm having about 10 employees. My company is having a contract with another IT consulting firm B. Company B is having a contract with client company C.
1. To cover 1.a., 1.b., and 1.c RFE we are submitting contract between company A and B mentioning my name, DOB, address, nationality, passport#, SSN, academic qualification, work experience, duration, client name, scope of service, wage per hour. We are also submitting client manager letter on client latter head mentioning my name, SSN, duration, job position, job description, and job duties. Please suggest.
2. To cover RFE 1.d. we are submitting few job advertisment cuttings which we did it in past. job advertisments at company's notice board at company premises. Company website job advertisment. Please suggest.
3. To cover RFE 1.e. we are submitting website text and we might prepare some business plan, presentation etc. Please suggest.
4. To cover RFE 1.f. we are submitting a report having all H1 employee name, H1 Petition#, start date, end date, hours per week, wages paid.
5. To cover RFE 2. we are submitting DE-6 of the current quarter for all states where our companies consultants are working.
6. To cover RFE 3. we are submitting website material, services performed by our employees for different clients with time duration.
7. To cover RFE 4. my company is writing a letter to USCIS to withdraw H1 petitions which were approved in past but are not working any more for our company. We are also asking to withdraw H1 petitions for people who received their Green card and working in the company.
Please give your suggestion to improve RFE response. Also post your experience if you, your friend, or any one you are aware of getting such RFEs.
Thanks,
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Copies of petitioner’s present and past job vacancy announcements.
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and have always been fully paid.
- List of all non-immigrant employees with receipt number.
2. Form DE-6, quarterly Wage Report
3. Company Profile
4. Current number of employees
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary’s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner’s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner’s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner’s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary’s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner’s claim of qualifying employment.
Depending on the petitioner’s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary’s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner’s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner’s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 ½ x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
2. Form DE-6, Quarterly Wage Report: Submit copies of the petitioner’s most recently filed California Employment Development Department (EDD) form DE-6, Quarterly Wage Reports for all employees that were accepted by the State of California. The form should include the names, SS N, and number of weeks worked for all employees.
3. Company Profile: Provide a more detailed description about the petitioner’s business organization. Include evidence such as copies of company brochures, pamphlets, internet websites, or any other printed work published by the petitioner which outlines, in detail, the products or services provided by its company.
4. Current number of employees: USCIS records indicate that the petitioner has filled a significantly higher number of H-1B petitions when compared to the number of employees claimed on the petition. Those same records also indicate that majority of those petitions, filed within the last three years, have been approved.
Provide current employment status and locations for all previously approved H-1B, L-1A, and/or L-1B employees. If any of those previously approved nonimmigrant beneficiaries are no longer working for the petitioner, it is required that the petitioner provide letters requesting withdrawal of those beneficiaries’ petitions. Be sure to include the petition receipt number (i.e. WAC XX XXX XXXX), the beneficiary’s name, date of birth, immigration status and the date the beneficiary’s employment was terminated with the petitioner.
Possible Reply for above RFE:
My comapny A is an IT consulting firm having about 10 employees. My company is having a contract with another IT consulting firm B. Company B is having a contract with client company C.
1. To cover 1.a., 1.b., and 1.c RFE we are submitting contract between company A and B mentioning my name, DOB, address, nationality, passport#, SSN, academic qualification, work experience, duration, client name, scope of service, wage per hour. We are also submitting client manager letter on client latter head mentioning my name, SSN, duration, job position, job description, and job duties. Please suggest.
2. To cover RFE 1.d. we are submitting few job advertisment cuttings which we did it in past. job advertisments at company's notice board at company premises. Company website job advertisment. Please suggest.
3. To cover RFE 1.e. we are submitting website text and we might prepare some business plan, presentation etc. Please suggest.
4. To cover RFE 1.f. we are submitting a report having all H1 employee name, H1 Petition#, start date, end date, hours per week, wages paid.
5. To cover RFE 2. we are submitting DE-6 of the current quarter for all states where our companies consultants are working.
6. To cover RFE 3. we are submitting website material, services performed by our employees for different clients with time duration.
7. To cover RFE 4. my company is writing a letter to USCIS to withdraw H1 petitions which were approved in past but are not working any more for our company. We are also asking to withdraw H1 petitions for people who received their Green card and working in the company.
Please give your suggestion to improve RFE response. Also post your experience if you, your friend, or any one you are aware of getting such RFEs.
Thanks,
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