To file an H-1B petition by any employer, according to the 2010 Neufeld Memo, the USCIS requires that a valid employer-employee relationship should exist between the employer and employee, as well as that the employer should maintain a daily control over the employees—including the rights to hire and fire, review their performance, payroll, and so on.
Therefore, when filing an H-1B petition, the employer’s support letter should make sure to include certain points.
[TO BE PRINTED ON <EMPLOYER NAME’S> LETTERHEAD]
<DATE>
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
California Service Center
ATTN: I-129 H-1B Master’s Cap
P.O. Box 10130
Laguna Niguel, CA 92607-1012
RE: <EMPLOYER NAME>’s Form I-129, Petition for a Nonimmigrant Worker, (H-1B) on behalf of <EMPLOYEE NAME>
Dear Sir or Madam,
We are hereby submitting a petition for a nonimmigrant worker for Mr. <EMPLOYEE NAME> as a Software Developer on a temporary basis at <EMPLOYER NAME>.
<EMPLOYER NAME> was established in Dallas, Texas, in 1997 and provides information technology services to large, medium, and small clients. <EMPLOYER NAME> is well known for providing the high-quality software solutions for more than two decades that have resulted in high customer satisfaction and customer retention.
<EMPLOYER NAME> and <EMPLOYEE NAME> would have a valid employer-employee relationship, and <EMPLOYER NAME> will have daily control of the employment of <EMPLOYEE NAME>, as explained in detail below.
<EMPLOYER NAME> will supervise <EMPLOYEE NAME> in-house on a daily basis. <EMPLOYEE NAME> will use <EMPLOYER NAME> laptops, desktop computers, and other company-provided equipment to do his job.
<EMPLOYER NAME> will ensure the daily control and supervision of the employee through daily verification of physical presence, participation in the daily morning meeting, and the daily status report by email in the evening. <EMPLOYER NAME> also has video cameras and employee activity surveillance systems installed throughout the office.
<EMPLOYER NAME> will retain the right to control the work performed by <EMPLOYEE NAME>. <EMPLOYER NAME> will have the right to pay as well as terminate <EMPLOYEE NAME>. <EMPLOYER NAME> will provide the usual benefits provided to all the employees including health insurance, dental and vision insurance, life insurance, paid vacation and sick time, 401(k), and profit sharing.
<EMPLOYEE NAME> will be on <EMPLOYER NAME>’s payroll and be subject to the same payroll taxes as all other employees.
<EMPLOYEE NAME> will use the proprietary information, business tools, methodology, and processes developed and followed by <EMPLOYER NAME> to do his employment duties.
<EMPLOYER NAME> does not make any “products” but provides software products and services where we develop and implement custom software solutions as per the requirements laid out by various clients. <EMPLOYER NAME>’s employees and management work with the client to gather the business requirements, document them, do the analysis, design and architect work, implement them, do the quality assurance, and do the deployment as well as maintenance.
The Position Offered
This specialty occupation position of <POSITION NAME> at <EMPLOYER NAME> requires a minimum education of a bachelor’s degree in Computer Science or Engineering.
<EMPLOYEE NAME> will be doing the in-house work at <EMPLOYER NAME>’s office physically at <EMPLOYER ADDRESS>. The job duties will include the following:
- Collect business requirements from the client
- Document the functional specification requirements
- Do the design and architecture of the system
- Develop the system, which would include coordination with onsite team members as well as offshore development team
- Coordinate with the QA Analyst and DevOps teams for testing and deployment at the client site
- Training, demonstration, and handover of the system to the end client
- Project planning to make sure that the projects are done on time and within budget
- Deal with the client for any requirement changes and make appropriate adjustments
- Use technologies such as HTML, CSS, SCSS, React JS, WebPack, Node JS, Gulp, BitBucket, REST and SOAP APIs
- Daily status report to the manager and periodic reporting to the end client
The Beneficiary
The position being offered, <JOB TITLE>, is clearly a specialty occupation, and Mr. <EMPLOYEE NAME> is clearly qualified with a bachelor’s degree in Computer Science from <COLLEGE NAME> as well as master’s degree in Computer Science from <COLLEGE NAME>. Mr. <EMPLOYEE NAME> has worked as a <JOB TITLE> at <PRIOR EMPLOYER NAME> from <DATE> to <DATE>
We are confident that Mr. <EMPLOYER NAME> is highly qualified for the position offered and will be a valuable asset to the company.
We respectfully request you to approve this petition. If you need any further information, please feel free to contact us at any time.
Sincerely,
<AUTHORIZED PERSON NAME>
<POSITION>
<EMPLOYER NAME>
<PHONE NUMBER>
