This is a Request for Evidence (RFE) that USCIS is issuing is based on the January 2010 Nuefield Memo regarding the Employer-Employee relationship.
This section relates to H-1B Visa Consultants working In-House at the employer’s office.
If the beneficiary will work on a project at your own location, provide evidence that demonstrates you have sufficient specialty occupation work that is immediately available upon entry into the United States through the entire requested H-1B validity period by providing a combination of the following or similar types of evidence.
This list is not inclusive of all types of evidence that may be submitted. You may submit any evidence you feel will establish sufficient specialty occupation work.
- Copy of signed Employment Agreement between you and beneficiary detailing the terms and conditions of employment;
- Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary;
- 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;
- 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;
- Evidence of sufficient production space and equipment to support the beneficiary’s specialty occupation work.
- 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;
- Proof of your software inventory;
- Proof of sufficient warehouse space to store your software inventory;
- Copy of the marketing analysis for your final software product;
- Copy of the cost analysis for your software product;
- Evidence of sufficient production space and equipment to support the production of your software.
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