Sample H1B RFE Response for In-House Employment – Client Projects

  • 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.
  • 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 cost analysis for your final software product.
  • Evidence of sufficient production space and equipment to support the production of your software.

SAMPLE – 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

Client relationship and contracts

ACME is a Solutions provider that bids and works on client’s software projects, in-house. Using our proprietary model, ACME has a team of staff members that work on these projects from our own facilities. We analyze client’s business requirements, design, develop, test and deliver to our customers the software solution. Most of our client contracts and relationships are long term (multiple years) and consist of several projects or work product implementations.

Mr. Smith will work as part of this team. His role is as a Software Engineer working out of our headquarters and physical office in New York, NY. At any given time, Mr. Smith will be acting in this role in 5 to 10 projects. The projects currently allocated to him include work for the following customers (respective contracts are attached):

  • ABC Company, Inc. (Exhibit A)
  • 123 Max, Inc. (Exhibit B)
  • AAA Enterprises (Exhibit C)
  • NY Enterprises(Exhibit D)
  • XYZ Corporation (Exhibit E)

Beneficiary Supervision

These are our end-clients. There is no other arrangement or entity through which work is done. It is directly between ACME and the clients listed above. The client does not negotiate or monitor Mr. Smith’s salary or wage or hours worked or benefits. ACME provides full solutions and the client pays us for our solutions / project, NOT for Mr. Smith’s hours or salary. ACME pays Mr. Smith as its in-house employee. ACME is directly responsible for Mr. Smith’s salary, wages, benefits, hours worked and other employment related needs. Mr. Smith is not bound to a particular client(s) contract in any way. Mr. Smith reports to our Head of Operations.

SAMPLE – 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

ACME is listed as the 3rd largest IT Consulting Firm in the New York Computer Companies  Journal. The attached Journal contains ACEM’S annual revenue, software reviews,  product information and costs.

Attached is our listing in the New York Computer Companies  Journal amongst other similar providers within New York State.

SAMPLE – Copy of signed Employment Agreement between petitioner and beneficiary detailing the terms and conditions of employment

ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003

EMPLOYMENT SERVICES AGREEMENT

ACME Software Corporation (hereinafter referred to as “‘Company”) having its principal offices 123 3rd Street, New York, NY  10003, a New York Corporation, on this day April 29, 2016 offer Adam Smith (hereinafter referred to as “employee” ) full time employment performing software programming services. (Adam Smith –  Social Security # 123-45-6789, located at 100 10th Street, Apt. 1A, New York, NY 10011)

WHEREAS, The Company is engaged in software services and as such possesses certain expert knowledge in the field of endeavor, and furthermore, possesses certain confidential contracts, including exact and specific jobs, all of which knowledge and experience has been obtained over long periods of time working in this field of endeavor.

WHEREAS, The Employee will be engaged as a Software Developer performing software development for electronic data processing systems, and

WHEREAS, The Company wishes to retain the Employee to aid in developing said maintaining solutions for an electronic data processing system and

WHEREAS, The Employee agrees to undertake this task and

WHEREAS, The Employee agrees for a period of one year not to compete with the Company to provide computer programming or data processing services for any other Company or by (a)soliciting any customer of the Company with which the Company has substantial dealings.

NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties agree as follows:

The Employee shall perform programming services for the Company beginning May 20th, 2010.

The Employee agrees to keep accurate time records working at the job site heretofore indicated, and will submit copies of such time records to the Company for the Company’s approval and acceptance.

The Employee shall keep privy all aspects of the Company’s business in particular client contracts.

The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. This contract shall commence in full force the date that this contract is signed by both parties.

Any travel expenses associated with this position will be covered by Employee.

Employee will sign Addendum B and Acknowledgement Form. If Addendum B is not signed by Employee then this contract shall be null and void.

Employee is permitted 2 weeks of approved non paid vacation, sick time and holidays (not to exceed 14 days in any one year time period).

Employee will be paid $25.00 per hour on W2 for every hour worked. Any overtime will be paid at $25.00 per hour on W2. Employee will receive $10.00 per hour in expenses.

Adam Smith must remain an employee of ACME for a period of one year and Company requires a 2 week written notice by USA Certified Mail from Employee to quit or Employee shall owe Company for 15 days of billing.

Agreed and accepted:

KenFBrown                                                                                                         04/29/16

ACME Software Corporation: Ken  F. Brown, President                             Date

AdamESmith                                                             4/29/2010

Adam Smith, Employee                                                                                  Date

ADAM SMITH – EMPLOYEE AGREEMENT ADDENDUM B

a)     Employee is responsible for and assumes full responsibility for their acts and for compliance with all laws rules and regulations involving but not limited to, employment labor, hours of labor, working conditions, payment of wages, and payment of taxes, such as employment, social security and other payroll taxes, including applicable contributions from such persons when required by law, and the withholding of same, Workmen’s Compensation, Disability benefits, and all other similar programs. Employee is not entitled to any of the Company’s benefits.

b)    Employee agrees to hold harmless and indemnify the Company and its Officers and Directors as well as the Company’s clients, from any assessment of taxes, premiums, damages, liabilities and costs incurred due to Employee’s failure to so qualify (or due to failure to remit appropriate taxes to governmental agencies) under the terms of the above law and guidelines.

c)     Employee shall be prepared to furnish, If requested by the Company, certificates of adequate proof of Education and Employment history. It is understood between the parties that Employee Is strictly an Employee and therefore without express written authority from the Company has no right or ability to bind the Company to any obligation(s) with ‘a third party.

d)    It is understood that the Employee will be performing as an Employee within the parameters as set forth by the Company in accordance both with its Contract and with its Client(s) and Its corporate policy and that the work performed by the Employee Will be In a competent and professional manner and that the Employee will also comply with the rules and regulations established by the Client.

Agreed and accepted:

KenFBrown                                                                                                         04/29/16

ACME Software Corporation: Ken  F. Brown, President                                         Date

AdamESmith                                                             4/29/2010

Adam Smith, Employee                                                                                              Date

GUIDELINES FOR SAFETY& SECURITY

Safety and security: Adam Smith will ensure that he will abide by the following guidelines for safety and security while on the customer’s premises:

i.        Do not bring weapons of any kind onto those premises;

ii.        Do not manufacture, sell, distribute, possess, use or be under the influence of controlled substances (for nonmedical reasons) or alcoholic beverages while on those premises;

iii.        Do not have in their possession hazardous materials of any kind on those premises without buyer’s authorization;

iv.        Acknowledge that all persons property, and vehicles entering or leaving those premises are subject to search and

v.        Remain in authorized areas only (limited to the work locations, cafeterias, rest rooms and, in the event of a medical emergency, buyer’s medical facilities).

vi.      Adam Smith will promptly notify ACME Software Corporation of any accident or security incidents involving loss or misuse or damage to customer’s intellectual or physical assets.

vii.      Adam Smith must coordinate with customer access to customer’s site premises during non-regular working hours.

AdamESmith                                                             4/29/2016

Adam Smith, Employee                                                                                              Date

ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003

ACKNOWLEDGEMENT

I, Adam Smith, SSN # 123-45-6789, do hereby acknowledge that I will comply with ACME Software Corporation guidelines for safety, security and search.

I will register my vehicle number with acme software corporation and comply with all parking restrictions.

I will inform ACME Software Corporation of completion or termination of any assignment.

I will promptly return the client identification badge and any other equipment or work.

I will not remove customer’s assets from customers premises without authorization.

I will use such assets only for purposes of this agreement and reimburse ACME Software Corporation for any unauthorized use.

I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services.

I will not share or disclose user identifiers passwords, cipher keys or computer dial port telephone numbers; and

In the event the customer  assets are confidential, I will not copy, disclose or leave such assets unsecured or unattended.

I also acknowledge receipt and have signed the following:

a)     ACME Software Corporation Employee Agreement and Addendum B

b)    Guidelines for safety and security

        AdamESmith                                                             4/29/2016

Adam Smith, Employee                                             Date

SAMPLE – Evidence of sufficient production space and equipment to support the production of your software

ACME maintains several physical office spaces. The Beneficiary will be working from our headquarters based out of New York, NY. Please find attached photographs of the building, office and workstations and a copy of the signed Lease Agreement between ACME and ABC Building Management.

SAMPLE – Proof of sufficient warehouse space to store your software inventory

In response to your question regarding warehouse space for software inventory, please note that ACME is a solutions provider that bids and works on client’s software projects, in-house. The software projects being worked on by ACME are stored in the our server system and downloaded by the client.  Therefore there is no need for a warehouse space for software inventory.

SAMPLE – Copy of the marketing and analysis for your final software product

ACME is the custom software application that Adam Smith is being hired to work on. He will develop and maintain both the current version and new releases.

ACME

This software application integrates X and Y Project. We have developed it and continue to develop it as well as support it.

http://www.ACME.com

Annual Sales: $500,000+

# Clients:2100+

Typical Clients: Larger customers such as AAA and BBB

Costs: Labor, Overhead. $80,000

Custom Software

We develop customer software applications for various clients. We have a few clients that have us do work every month and others that we build something for and are done for a while. We also create websites.

Annual Sales: $500000+

# Clients: 100+

Typical Clients: Medium-Sized businesses with 10-50 employees

Costs: Labor, Overhead. $300,000

Hosting

We host websites and data for clients.

Annual Sales: $50,000+

# Clients: 100+

Typical Clients: Medium-Sized businesses with 5-50 employees

Costs: Rental of rack space and hardware, $12,000

Other Products

We have developed our own Content Management System and also a inventory tracking system for the A Industry & the B Industry.

Annual Sales: $250,000+

# Clients: 60+

Typical Clients: Medium-Sized businesses with 10-50 employees

Costs: Labor, Overhead. $80,000

SAMPLE – 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

ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003

April 29, 2016

Adam Smith
100 10th Street, Apt. 1A
New York, NY 10011

Re:      Job Offer Letter to Adam Smith

In response to your application and interview, we are pleased to offer you the abovementioned position within our organization:

Position           Software Engineer

Location          You will be performing 100% of your duties in-house at ACME Software Corporation’s New York office located at 123 3rd Street, New York, NY 10001

Date of Employment:  Your employment shall take effect from May 20th, 2016

Remuneration:             You will be entitled to a salary of $70,000 per year (to be paid weekly)

Job duties:  As a Software Engineer, you will be required to plan, design, develop, test, implement, and support custom proprietary software applications; research, design, implement, document, and test system software, in accordance with the firm’s development process. You will provide technical support to project team members; contribute to company’s intellectual property development; 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, perform periodic system updates, interact with users for future enhancements; and resolve software application problems.

To accept this  offer, on the above terms and condition, please sign this letter and return it to the Company by May 5th, 2010.

We are looking forward to having you join our team and building  a successful career with us.

Sincerely,

KenFBrown

Ken  F. Brown, President

Acceptance of the terms of this offer:

By:

AdamESmith

Adam Smith                                                                            Date: 04/29/2016

SAMPLE – 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

Job Responsibilities

As a Software Engineer, Mr. Smith will serve as the primary point of contact for ACME customers. He will be interacting with the client and gather business requirements. He will then analyze these requirements and prepare High Level Technical Architecture and Component level architecture. For example, this will include flow charts, software design platforms and methodologies including Microsoft .NET Framework, Windows DNA architecture, OOAD and others. Mr. Smith will also be responsible to create a task list and plan that will allow the development team members to deliver the software solution.

Skills Needed

As part of his role Mr. Smith will be required to gather customer requirements, analyze them, build high level architecture diagrams, build project plans and then subsequently ensure that his team delivers per the architecture and plans outlined by him. He will need to be hands-on and technical in being able to assist team and also trouble shoot and fix in case the delivery from his team does not fit the customer’s specifications. This will need expertise in various technical languages like VB.NET, C#, ASP.NET, ADO.NET, Web Forms, Web Controls, Win Forms, VB 6.0, Microsoft SQL Server. The position requires a candidate who has grown up on programming for Microsoft platforms and has developed a senior technical person level expertise as the position requires a lot of guidance and sometimes hands on troubleshooting of these technical platforms.

Tools to be used

For the position, Mr. Smith will be required to use tools including Microsoft Software Development platforms like Visual Studio, .NET framework, flow chart and architectural tools like MS Visio and code management tools like MS Visual source safe.

Client Payments

The solution developed for our end clients are paid for by end clients through checks or wire transfer. The payment terms may vary depending on the specific milestones during the course of each project.

Beneficiary Benefits

ACME will provide full employment benefits to Mr. Smith. His benefits are governed and managed by our HR department and includes Health Insurance, Life, AD&D, Dental, Vision, Paid Vacations, 401(K) amongst other things. Mr. Smith’s payroll and taxes will be governed by applicable State and Federal tax laws including Income Tax.

Performance Review

ACME follows an aggressive and rewarding performance review process. Typically and as is applicable to Mr. Smith, our Software Engineers have their first review at the end of the first year. Subsequently, review happens every six months. A performance review typically results into a bonus or a salary increment.

SAMPLE – Proof of your software inventory

ACME is a solutions provider and develops custom software for end clients. The following is a list of recently manufactured software for clients which are being offered for FREE in an effort to promote our services, which is our primary offering:

ACME Web (www.acmeweb.com)

ACME Projects (www.acmeproject.com)

ACME Tasks (www.acmetasks.com)

Our software is stored on our servers. Please see attached pictures of our servers.

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Overview
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

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