Second RFE, H1B Transfer

[KR2021]

I wanted to ask group and you on some pointers, I got Second RFE for my H1B transfer in Employee-Vendor1-Vendor2-Client model. 

What are the list of documents to be provided for following : 

 

Right to Control:The evidence is insufficient to establish that a valid employer-employee relationship will exist for the duration of the requested validity period. You indicated that the beneficiary will work at CLIENT through middle vendor, VENDOR1. You provided contract of services between you and VENDOR1. You did not provide copies of any contracts, work orders or statement of work between CLIENT and VENDOR1, for beneficiary to provide services to CLIENT to show that you have the right to control when, where and how beneficiary performs job . This must be acknowledged by both the parties. We received a letter from CLIENT briefly stating that the right to control lies before VENDOR2, however this is insufficient because contract needs to be established directly by the petitioner detailing the right to hire, fire or supervise the beneficiary within the requested validity period that you also failed to provide.  

Services in Specialty occupation at Third party off-site employment: You failed to provide master service agreement and the contract for services you submitted does not establish that the beneficiary will perform services in specialty occupation because there is nothing in either document indicating what beneficiary will specifically be doing for the end-client. The master service agreement should contain general provisions specific to the beneficiary. Although I acknowledge the Business requirement document that you newly provided with the beneficiary included as a developer, it is simply a company overview not specific to beneficiary. The evidence you provided is insufficient to establish that the beneficiary will be performing services in specialty occupation. 

[User099]

Right to Control: You will need 3 letters establishing or passing on the burden to right to control from Client to V2 (Letter 1), V2 to V1 (Letter 2) and V1 to Employer (Letter 3). You will also need to provide the contracts or SOW's between all these parties.