H-1B Visa RFE – 3rd party (offsite) work location

If the correct supporting documentation and information is not properly submitted in the initial H-1B Visa petition, USCIS may issue a Request for Evidence (RFE). The Petitioner is then given 90 days to submit the requested documentation and information. Below is a sample Request for Evidence that a petitioner could expect.


Right to Control

As an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation, you are required to establish by a preponderance of the evidence that a valid employer-employee relationship will exist between you and the beneficiary and that you have the right to control the beneficiary’s work which may include the ability to hire, fire, and supervise the beneficiary. Also, you should be able to establish that the above elements will continue to exist throughout the duration of the requested H-1B validity period.

USCIS must determine if you have the right to control the employee through evidence that describes (with no one factor being decisive or exhaustive):

  • the skill required to perform the specialty occupation;
  • the source of the instrumentalities and tools required to perform the specialty occupation;
  • the location of the work;
  • the duration of the relationship between you and the beneficiary;
  • whether you have the right to assign additional work to the beneficiary;
  • the extent of the beneficiary’s discretion over when and how long to work;
  • the method of payment of the beneficiary’s salary;
  • the beneficiary’s role in hiring and paying assistants;
  • whether the specialty occupation work is part of your regular business;
  • whether you are in business;
  • the provision of employee benefits;
  • the tax treatment of the beneficiary;
  • whether you can hire or fire the beneficiary or set rules and regulations on the beneficiary’s work;
  • whether, and if so, to what extent you supervise the beneficiary’s work; and/or
  • whether the beneficiary reports to someone higher in your organization.

As such, it is requested that you demonstrate an employer-employee relationship with the beneficiary through the right to control the manner and means by which the product or services are accomplished for the duration of the requested H-1B validity period.

Provide 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 and all evidence you feel would meet the employer-employee requirement.

  • A complete itinerary of services or engagements that specify the dates of each service or engagement, the names and addresses of the actual employer, and the names and addresses of the establishment venues, or locations where the services will be performed for the period of time requested;
  • Copy of signed Employment Agreement between you and the 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 between you and a client (with whom you have entered into a business agreement for which your employees will be utilized) that establishes that while your employees are placed at the third-party work site, you will continue to have the right to control them;
  • Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provide information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence;
  • Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between you and beneficiary, whether you have the right to assign additional duties, the extent of your discretion over when and how long the beneficiary will work, the method of payment, your role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of your regular business, the provision of employee benefits, and the tax treatment of the beneficiary in relation to you;
  • A description of the performance review process; and/or
  • Copy of your organizational chart, demonstrating the H-1B Visa beneficiary’s supervisor chain.

If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.

You can also follow us on facebook as we usually post the answers there.

  • This field is for validation purposes and should be left unchanged.

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.

Read More Client Reviews

There are no products