H1 Extension RFE

[rfe27]

Hi All,

I got rfe for Extension & Amendment. I haven't submitted client letter. Below is the rfe... Please suggest...

                                                                                                                                   Employer-Employee Relationship 
As an employer who seeks to sponsor a temporary worker in an 11-I B specialty occupation, you must establish that you employ the beneficiary in a specialty occupation position and that you have a valid employer-employee relationship with the beneficiary by having the right to control the beneficiary's work, which may include the ability to hire, fire, or 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- I B validity period. 
USCIS must determine if you satisfy all of the above elements 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. 
To satisfy this requirement, you submitted: 
• An itinerary of services or engagements; • Copy of a signed Employment Agreement between you and the beneficiary; • Copy of an employment offer letter; • Copy of relevant portions of valid contracts between you and a client; • Copy of the position description; • A description of the performance review process; and/or • Copy of your organizational chart, demonstrating the beneficiary's supervisor chain. 

 

You may submit additional evidence to satisfy this requirement. Evidence may include, but is not limited to: 
. A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of any end-client where the services will be performed for the requested employment period of time requested. ■ A copy of a signed Employment Agreement between you and the beneficiary detailing the terms and conditions of employment. • A copy of an employment offer letter that describes in detail the nature of the employer-employee relationship and the services to be performed by the beneficiary. • A copy of relevant portions of \Talk' contracts between you and a client that establishes that while your employees are placed at the third-party work site, you will continue to have the right to control your employees. • Copies of signed contractual agreements, statements of work, work orders or service agreements between you and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary. The documentation should provide information such as: o a detailed description of the duties the beneficiary will perform; o the qualifications that are required to perform the job duties; salary or wages paid, hours worked, benefits; o a brief description of who will supervise the beneficiary; and o any other related evidence. • A copy of the end client's position description and/or any other documentation that describes: o the skills required to perform the job; o the source of the instrumentalities and tools needed to perform the job; o the product to be developed or the service to be provided; o the location where the beneficiary will perform the duties; o the duration of the relationship between you and beneficiary; 0 whether you have the right to assign additional duties; o the extent of your discretion over when and how long the beneficiary will work; o the method of payment; o your role in paying and hiring assistants to be utilized by the beneficiary; o whether the work to be performed is part of your regular business; o the provision of employee benefits; and/or o the tax treatment of the beneficiary in relation to you. • A description of the performance review process. . A copy of your organizational chart, demonstrating the beneficiary's supervisory chain.