Specific H-1B Concerns that Face IT Consultation Firms this RFE Period

In recent times a lawsuit was submitted against USCIS by ITServe Alliance. This really is an organization of US IT service companies that had earlier petitioned USCIS against latest modifications to H-1B adjudication guidelines. The latest guidelines state that for IT consultation companies that contract H-1B workers to work off-site to fulfill H-1B requirements, they needed to prove to be the H-1B employee would have “Guaranteed unique and non-speculative work assignments” scheduled for the whole duration of their three-year H-1B visa. This guideline was used on new workers looking for H-1B status initially, and for available H-1B employees looking for visa renewal.

This latest guideline has considered a toll on IT consulting firms across the United States. Last fall at the end of FY2018, a survey of the 30 top employers that champion H-1B employees discovered that while IT consulting firms observed 20–80% costs of H-1B Denials among their sponsors, non-consulting businesses only saw a 1% Denial rate. Referring with firms were responding to RFEs and Denials well into the fiscal year the established employee was hired for, moving into business efficiency and damaging communication with customers because new hires could not get started with time because they were still engulfed in a fight for their appropriate to work.

Whilst USCIS promises that this new guideline is merely a reinterpretation of available statutes, ITServe Alliance disagrees. Irrespective, USCIS continues to be the gatekeeper about you, or your worker or client’s visa status, this means you needs to be ready to reduce and response the possible RFE or Denial that is sure to arrive this summer time if you or your worker or client works best for an IT consulting company.

This is what you really need to do to acquire this type of RFE or Denial overturned:

1 Express three years of guaranteed and non-speculative work with the H-1B worker. It means offering an extensive itinerary of the employee’s next three years at work strengthened by customer agreements and timelines.

2. Express that the employer-employee relationship should be preserved even if the H-1B employee is effective off-site. It means offering a clear breakdown of the everyday duties and functions of the worker along with their methods of reporting to the employer. Clearly show activities of control and accountability as you will have to show that the employer keeps the capability to rent, fire, promote, and elsewhere manage the work the H-1B employee does all through the duration of the H-1B visa, whichever site they are performing.

3. Consist of an expert opinion letter that evaluates, ties together, and gives reliability to the proof and information you give. This specialist must have considerable knowledge WORKING IN the IT consulting area, and not basically be an IT instructor or professor. we have the right professionals available 24/7 to write the opinion letter you or your worker or client requires to serve a very good case for approval.

4. Ensure all of your bases are protected. While USCIS discovers a red flag in a petition, they appear deeper, so they commonly discover more factors in a case to take problem with. Education problems, wage level difficulties, and specialized function difficulties are common aspects of the first or second round of RFEs.