Sample H-1B Visa Letter to USCIS – In House Employment – Consulting Company

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.

Here is a sample cover letter to USCIS to accompany the H-1B Visa petition that addresses these issues.

———————

Insert Acme, Inc.’s letterhead here

Thursday, January 10, 2015

USCIS – California Service Center
Attn: H-1B Renewal/ Extension
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

Case Type:     H-1B Renewal
Petitioner:      Acme, Inc.
Beneficiary:   Mr. Rajesh SINGH
Position:         Software Engineer

Dear Sir / Madam,

Please be advised that we, Acme, Inc. (“Acme”), are seeking permission from the USCIS for Mr. Singh to continue to work at our Software Consulting firm as a Software Engineer on a temporary basis in H-1B status.

About the Petitioner – Acme, Inc.

Headquartered in New York, Acme is a nine-year old global provider of high quality and cost-effective Information Technology Services.  We offer a range of expertise aimed at helping customers reengineer/reinvent their businesses to compete successfully in an ever changing marketplace.  We boast of one of the highest customer retention rates in the industry.

Acme’s I-129-H Petition on behalf of Mr. Singh meets all the required criteria that a Petitioner must establish for the existence of an employer-employee relationship and that this relationship will continue to exist with the Beneficiary throughout the duration of the requested H-1B validity period.

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. 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. Does the Petitioner supervise the Beneficiary and is such supervision in-house?

Yes, Acme supervises Mr. Singh and supervision is in-house.

2.  How does the Petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the Petitioner?

Supervision is done daily through visual presence verification, daily reports, emails and telephone calls.

3. Does the Petitioner have the right to control the work of the Beneficiary on a day-to-day basis if such control is required?

Yes, Acme has the right to control his work.

4. Does the Petitioner provide the tools or instrumentalities needed by the Beneficiary to perform the duties of employment?

Yes.

5. Does the Petitioner hire, pay, and have the ability to fire the Beneficiary?

Yes.  Acme hires, pays, and has the ability to fire Mr. Singh.  Acme will provide full employment benefits to Mr. Singh.  His benefits will be governed and managed by Acme’s HR department and includes: Health/Life Insurance, AD&D, Dental, Vision, Paid Vacations, 401(k), amongst other benefits.

6. Does the Petitioner claim the Beneficiary for tax purposes?

Yes.  Acme will claim Mr. Singh for tax purposes.  Mr. Singh’s payroll and other taxes will be governed by applicable State and Federal laws including Income Tax.

7. Does the Beneficiary use proprietary information of the Petitioner in order to perform the duties of employment?

Yes.  Acme maintains a unique and proprietary business model that efficiently implements and delivers software projects.  Acme’s processes and monitoring methodologies are audited for compliance by independent Auditors.  Acme is certified as a SAS 70 type II certified service provider.  Mr. Singh will be required to follow these proprietary processes and policies in this position.  These procedures relate to software architecture guidelines, project management guidelines, customer interaction guidelines, team management guidelines, amongst other things.

8. Does the Beneficiary produce an end-product that is directly linked to the Petitioner’s line of business?

Acme does not produce “products.”  We provide software services that implement products and/or platforms for client companies.  Acme acquires complete project from these clients.

9. Does the Petitioner have the ability to control the manner and means in which the work product of the Beneficiary is accomplished?

Yes.  Acme communicates to Mr. Singh the work product and target that needs to be archived from the project at a high-level.  Acme provides the broad guidelines and framework within which the implementation must be done.  This includes specifying broad parameters like timelines, business problem definition, technologies, methodologies that need to be used.  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.  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.

The necessary equipment for the position such as a desktop or laptop will be provided by Acme, Inc. for work-related use during the employment period and must be returned in a usable condition at the termination of employment or upon request by Acme, Inc.

About the Position – Software Engineer

This specialty occupation position of Software Engineer within Acme requires as a minimum a Bachelor’s degree or equivalent in Computer Science, Engineering or closely related field.

Mr. Singh will perform his duties in-house at Acme’s Las Vegas Office located at: 1115 West Main Street, Las Vegas, NV 11225.  Please see enclosed documentation.

Mr. Singh will be paid by Acme, who will be his actual employer.  His annual salary paid by Acme will be $90,000/year.  As an employer, Acme will be responsible for paying, hiring, firing, supervising, and controlling Mr. Singh from our corporate headquarters located in New York, NY or from our Las Vegas, NV office.

We are experiencing tremendous growth and are in need of experienced and qualified individuals to join our team.  Our company is in need of a Software Engineer to work inside our physical offices in the U.S.  The Software Engineer will report to Acme’s Director of Operations.  The job duties are to:

  • 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;
  • Architecture, Design and Build;
  • Requirement Gathering/ Business Analysis;
  • Project Planning;
  • SMC and FP Estimation;
  • Project Scheduling & Tracking;
  • Focused Delivery ensuring Quality of the Deliverables;
  • Deployment at Customer Environment;
  • Post Production Support; and
  • Status Reporting, Handling Escalations

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.

About the Beneficiary – Mr. Rajesh SINGH

Mr. Singh continues to qualify for this specialty occupation position of Software Engineer as he has the equivalent of a U.S. Master’s degree in Computer Science and has over 10 years of experience in Software Development.

Thank you for your time and consideration in adjudicating this petition.

Sincerely,

Ravinder Dhutta

President

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They handled our immigration case professionally, and got us through everything. I Highly recommend because I don’t think they’ll be this affordable for so long. Great people too!
Temi Adebayo
Temi Adebayo
19:27 10 Jun 18
Mr. John, Mr. Marc and this firm have been helping me with my immigration needs for the past 12 years. All the time, they have shown very professionalism in handling my filings with USCIS.Their level of service is unmatchable. And, moreover their services are very affordable. They always listened very patiently and answered all my questions and provided the best advice. While filing the papers, they take utmost care to make sure all the information is accurate. I strongly recommend their services.
Db Prakash
Db Prakash
03:26 03 Jun 18
John Dorer at Taylor and Associates provided great service and efficiently helped me accomplish a very challenging legal task. John Dorer's help was terrific! Great job!
Chris Marcell
Chris Marcell
13:03 28 May 18
We hired Marc and John and worked with them for nearly a year and half. They were always patient and extremely helpful at every turn of event. It was a very positive experience working with them.
Wu Jonathan
Wu Jonathan
04:21 15 May 18
Reliable, economical, impeccable work and really fast. They know their work and would ensure every line is true to your details. Will be using their services again and highly recommended!
Geet Divekar
Geet Divekar
00:04 04 May 18
It has been an absolute pleasure working with John and Marc. They have helped and assisted throughout the last 15 years with every single of my work related petition and finally my Green card. Filing petitions with USCIS can be a daunting task but Marc and John have the experience and expertise in filing and assisting employers with several Non Immigrant petitions. I have refereed several of my friends and will continue to do so. Finally, I have three words for this firm. Professional, Efficient and Affordable. The 5 star rating should speak for itself!!
Sushil Pallemoni
Sushil Pallemoni
20:32 02 Apr 18
This is a top notch Green card services Attorney, right from day one i was told correctly in detailed instruction what to do, Online Document upload and constant contact with John Dorer made it a breeze. They are strict discipline guys and expect all the communication and process to be so, so it might feel like they are rude at first, but believe me they are the best and them being strict helps in long run. Documentation to Interview dates, i had to change the address last minute and John made sure that it was done in time even though my application was already out of their office , the recalled and made a correction for me. Take their services, they are top notch in process and will make your life super simple, my MGC application was submitted on 3 Dec 17 and i had a GC in hand by March 18 , Cannot thank them enough for a every step guidance for GC. Thanks Taylor & Associates
Sanjeev Tyagi
Sanjeev Tyagi
05:13 01 Apr 18
I am very thankful to John Dorer, Marc Taylor and the TNA staff for the services provided during my Green Card process from Day 1 to finish. I couldn't ask for more. The lawyer's fee are very reasonable and affordable. They deserve a 5 -star rating and I will absolutely recommend this firm to everyone I know.
Romeo Ranera
Romeo Ranera
15:09 29 Mar 18
Absolute top notch firm for any and all immigration assistance. They assisted me in obtaining my permanent residency and through it all were right there to assist with trouble shooting and complications. Any and all questions were always answered within hours and you’re never left to feel anything less than a top priority as a client. The friendliness and professionalism with which they operate is A1 and I wouldn’t have been able to navigate the complications of USCIS without Marc and John. Highly recommend anyone seeking assistance to contact them!
Vanessa Nolan
Vanessa Nolan
21:05 21 Mar 18
I was very pleased with their professional service from the beginning to the end for my citizenship application. I am a professional working in the higher education and somewhat familiar with the immigration process. For that reason, I was thinking of applying it by myself but I found Taylor and Associates whose service fee is very affordable and worth of my time. Indeed, they found some of minor mistakes in my application, which could have delayed much longer for my application process. Luckily, they caught and fixed them immediately. Their communication was excellent. In fact, everything was very smooth. Even after I had the approval notice, they followed up with valuable advices. I strongly recommend their service if you need immigration services. Thank you Marc and John for your excellent services.
Dominic Choo
Dominic Choo
17:12 23 Dec 17
my wife and i worked with John Dorer from Marc Taylors Associates. He's services were awesome and amazing. i would recommend him to anybody applying for their permanent resident to work with them.
Seun Olanrewaju
Seun Olanrewaju
15:33 22 Dec 17
Used the services of this office for Green Card through AOS and was mainly in contact with John Dorer. I was unsure about their services at first, considering the unusually affordable cost but was pleasantly surprised by their prompt responses to all our questions and their timely preparing and handling of our documents! Will be using their services again when filing for removal of condition! Definitely recommended!
Lisa Lorentzon
Lisa Lorentzon
22:56 10 Dec 17
Marc and John helped me apply and get my green card. They are very specific about needed documents and other details. Also, they are very responsive when you have a question. I know I emailed them several times just to ask questions that I could have found answers online myself. They are very patient and professional. If you want to get great services with reasonable fees contact them!
Amin Bagheri
Amin Bagheri
11:54 12 Oct 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
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