The USCIS has repeatedly made it clear that an end-client letter is not required for approval of an H1B petition, and that H1B employers are allowed to provide other comparable documentation instead. BREAKING NEWS: Petition filed with White House to Extend the H1B 60-Day Grace Period. Can you please provide me with template for affidavit from CO-Workers for RFE for H1B Amendment, where my client is not providing me the client letter, Hi Dan, Can you please provide me with template for affidavit from CO-Workers for RFE for H1B Amendment, where my client is not providing me the client letter, Can you please provide a template? Clear editor. We provide discounted services to Law Firms seeking Assistants/Para Legals on a Bulk Forms Preparation basis. 2018 H1B Policy Memo Cancelled: USCIS’s 2018 H1B policy memo asked for many nitty gritty things and contracts related to H1B holders work at third party work site such as SOWs, Work Orders, other Contracts, detail client letters, work assignment documentation for entire duration, etc.All of these requirements impacted most of the H1B approvals from IT Services companies since it was … You cannot paste images directly. Notice of Intent to Deny (NOID) for failure to maintain status or. While documents from the end-client may help USCIS determine whether a valid employer-employee relationship will exist, this type of documentation is not required. No detailed work itinerary required for onsite client location work. They are big and good boys! 1. If you have any questions about this assignment, please contact me. In general, if an H1B petition is filed to work at a third-party location, and no client / vendor letters are provided, the USCIS will issue an RFE asking for proof of the employer-employee relationship, and of the existence of the project. They do not want to write anything stating that you are working with them under H1B basis. And learn their technical aspects by analyzing specification documents. You may submit any and all evidence you feel would meet the employer-employee requirement. Provide a notarized sworn affidavit from Employer and yourself stating that you work as a contractor at the Client site - If you need a template, please ask under Comments! Most of the information available on this site is based on personal experience or internet research and also based on the experience or information from our site visitors. Mdivani: New immigration regulations damage U.S. businesses - Kansas City Business Journal, Trump administration proposes to scrap computerised lottery system to select H-1B visas - Economic Times, If Trump wants to boost American manufacturing, he should keep the borders open - Fortune, India seeks predictability in US Visa regime after latest revisions - Mint, Department Of Homeland Security To Abandon H1B Visa Lottery For Salary Rankings - Forbes. Sample Client Letter for H1B Visa Here is a sample client letter for the reference purpose, The wordings of this letter can be according to your specific project and related details. Design test plans, scenarios and scripts. Mr. Singh is not employed by Acme Inc., and Acme Inc. does not have the right to assign Mr. Singh to another project, location or company as part of this Assignment. The same rules will apply for extended period of ‘training’ while you are looking for a new client project. We will also not be responsible for hiring, discharge, promotion, demotion, remuneration or any other incidents of his employment. Started Thursday at 04:12 PM, By Tim White, Global Project Manager Sometimes clients do not put dates, it's okay. Disclaimer: By reading content at this site, you hereby agree that use of any information is at your own risk and you agree that vesaservices.com is not responsible in any way for your decisions. H1B Visa Cap / Quota for FY 2020 Cancel H1B Neufeld Memo on Employer-Employee Relationship from 2010 Why do they ask for a Client letter, when USCIS Memorandum also clarifies that? What does the Level 1 Wages RFE Mean for the H1B Visa? The USCIS has repeatedly made it clear that an end-client letter is not required for approval of an H1B petition, and that H1B employers are allowed to provide other comparable documentation instead. But, they don’t care if you get into trouble with the USCIS/Immigration status. will not be the sole reason to shorten the H1B term. i have quick question,,,,,,,i have filed H1B amendment in premium processing....but got RFE......USCIS is asking for client letter etc...but client is not providing the letter....looking at such scenario following are the queries: Very informative Blog,,,,,u cleared all the queries......Thanks a lot and hats of to u for your indepth knowledge. Please use this Template for H1B End client letters, please note that the letter must be printed on Client's letter head. This field is for validation purposes and should be left unchanged. LCA should be covered for the duration on the I-129, it does not matter if the LCA has a later end date. We have seen that USCIS has already started approving H1Bs for a full 3 years even though the client letter was only for 6 months.As per the agreement reached with USCIS, they will provide a written explanation in case they are giving shorter H1B approval.In any case, client letters, master service agreements or consulting contracts, etc. USCIS will not shorten approval periods of an H1B based on the availability of work or lack of client letters. they may approve for a lesser duration of one year. There has been no agreement reached with the US embassy in this deal. Driving Customer discussions and meetings related to bugs, requirements etc.. What documents, forms, letters are filed by the petitioner to USCIS for H-1B CAP petition? vesaservices.com is maintained by freelancers and NOT by attorneys. US embassy officer can still issue a form 221g and ask for all documents again before issuing your H1B visa.US embassy can also deny your visa stamp based on client documents. How to get h1b visa | How to apply for h1b visa? To avoid this verification in future, please, H1B Client Letter RFE - Major Mistakes while filing H1B Petitions. Email me at this address if a comment is added after mine: Email me if a comment is added after mine, Prev post >> H1B Visa Stamping Experience at Hyderabad, India. Client letter for h1b visa stamping is a must document. So, beware. H-1B Visa Complete Do it Yourself Kit. Client letter for h1b visa stamping is a must document. If you think it will take more than 4 weeks to get a new assignment, you should file an H1B amendment to about counting this time as ‘out of status’ time. Update 18 June 2020: USCIS has removed the employer-employee and H1B itinerary policies officially on June 18 announcement. Started Friday at 03:33 PM, By And testing concepts for wireless handsets for various air interface standards. 3) Statement of Work. Carry out device conformance and Verizon operator specific testing. Hh1b visa approval without client letter. This list is not inclusive of all types of evidence that may be submitted. USCIS has removed their H1B pre-requisite criteria of submitting these as mandatory documents now: USCIS and IT serve agreed to this deal in lieu of stopping the court case No. How to Use the Level 1 Wages RFE as a Tool. Your email address will not be published. Understanding of software development. Now, Company B filed inhouse H1b for me and it got approved. It is against their policy to write a simple letter stating that “This H1B worker is providing services”. Mr. Singh will be expected to work 40 hours per week. Unfortunately, the existing short H1B approvals cannot be automatically extended. The job duties are outlined below. Mr. Robert Smith Consulting companies to prove the employer-employee relationships. ABC Solutions, Inc will also be responsible for the terms of Mr. Singh’s assignment, and her assignment will be directed, reviewed and supervised by his ABC Solutions, Inc. manager. Please comment with specific questions, I will provide answers. It also greatly increases the risk of denial. http://h1bsupport.com/blog/14/h1b-affidavit-sample-letter-when-a-client-letter-is-not-available, http://h1bsupport.com/blog/72/h1b-client-letter-sample-template-format, H1B Educational Requirements Your Client Needs to Know About to Avoid an RFE. USCIS does not allow bench period legally even if you were paid your H1B salary. Client letter for h1b visa is a very important document now a days. The minimum education, training, and experience necessary to perform the job duties is a Bachelor’s degree or equivalent. I really appreciate your quick response. Admin Mr. Arun Kumar. The types of evidence listed in the memorandum are not exhaustive. So, if such a letter is not available, it becomes even more imperative that strong legal arguments be presented with t… Admin This is what you will probably get in an H1B RFE from USCIS when a Client letter is not submitted with your H1B petition!
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Sample Employment Verification Letter for H1B Visa
When petitioning for a H1-B work visa for a specialty position, it strengthens the application if you provide supporting documentation to show how the outlined job duties of the said position will match the qualifications of the employee. This also can be used in mapping the need for understanding the eligibility of the employee for the said role. This is only a sample letter and should be customized for each individual's needs and specifications.
TO WHOMSOEVER IT MAY CONCERN
I, ____ (insert name) ________, presently employed as a Sr. Analyst IT with __ (insert company name) ____ at Work Location: ___ (insert address) _____ since 2013. This letter is to confirm that Mr. xxxx is presently employed with me as a co-worker at ‘End Client’, located at __ (insert address)________, as a Systems Analyst IT.
I, hereby confirm that he has been working with SAP Implementation, Design and
Upgradation Projects. Mr. __ (insert name)___is currently performing the role of Systems Analyst IT.
His primary responsibilities include but not only limited to:
Role and Responsibilities:
Given my knowledge and experience of more than 15 years in the same IT field performing similar job duties not limited to and through attainment of Post Graduate in Computer applications, I can affirm that ____ (insert name) ____’s duties and responsibilities require knowledge of various tools and technologies of a highly-specialized nature with a minimum need of Bachelor’s degree in Computer Science or Electronics/communication engineering degree, or a related field along with professional experience. I find that ____ (insert name) ____’s academic qualifications and experience are suitable to this position defined as specialty occupation.
He has been an integral part of our team working with his peers/subordinates handling SAP projects. His current role at the ‘EndClient’ __ (insert name of end client, if applicable) ___ providing services as a contractor only and has no other relationship while his employer ___(insert name)____, has full authority and control over his employment.
If you office requires any further information pertaining to his employment, please feel free to contact me at ___ (insert official email) ____.
(insert name & signature)
I, solemnly affirm and sign before the notary on this day of ____ March
2019: _________(insert signature)________.
I, ____________________________, a Notary Public of the County and State aforesaid,
hereby certify that ______________________________ personally known to me to be
the affiant in the foregoing affidavit, personally appeared before me this day and having
been by me duly sworn deposes and says that the facts set forth in the above affidavit are
true and correct.
Witness my hand and official seal this the _________ day of __________, _________.
My Commission expires:
____ / ____ / ________.
The sample documents provided here are for informational purposes only and to be utilized at the user’s discretion. These act as a guide only and the content within these are to be customized as per requirement. While Lawbench covers general guidelines, it does not guarantee access to visas or ensure entry into the United States of America or assure any other form of privileges. Lawbench and its affiliates are not responsible for any losses or damages that may arise from having used these sample documents.
USCIS recently lost a court case against ITServe Alliance that challenged USCIS H1B policy memos on employer-employee relationship and itinerary rules. As part of the court judgment and settlement with IT Serve, USCIS said that they will cancel the Year 2010, 2018 Policy memo and not use the itinerary requirements too. On June 17th, 2020 USCIS formally issued a H1B Policy memo related to the settlement and gave guidance for future H1B adjudications. We will cover all those aspects and summary in this article.
As a background, you may read USCIS Settlement with ITServe Alliance on H1B Policies
USCIS New H1B Policy Memo on Employer Employee Relationship, Others
USCIS as part of the new H1B policy memo on that was published on June 17th, 2020 announced below changes that will apply for all H1B petitions adjudication with USICS from now.
Cancel H1B Neufeld Memo on Employer-Employee Relationship from 2010
USCIS announced that they are formally cancelling (rescinding) the H1B Employer-Employee Relationship Memo from 2010, aka as Neufeld Memo and USCIS will not apply the requirements in the memo for the decision on any new or current pending H1B petitions. The previous H1B policy memo from 2010 had many requirements tied to contracts, agreements, other guidelines to prove the employer-employee relationship when someone was place at client site (third party worksite). This was one of the main policy memos that was used for many RFEs and Denials in the past for third party worksite or client placement related H1Bs.
Cancel H1B memo on Contracts, Itineraries Requirement from 2018
USCIS also announced that they are formally cancelling the H1B Contracts, Itineraries Memo from 2018 and they will not apply the requirements in the memo for adjudication of the petition from now. This policy memo was one of the key ones that was announced by Trump Administration that had a huge impact on approvals at IT services companies with many denials. For instance, Cognizant H1B Denial Rate was 30% , Cap Gemini H1B Denial Rate was 40%. The requirements in this old memo asked for many details from client like day to day activities, detailed contracts for entire duration of work, work orders, etc.
New guidelines for H1B Employer Employee Relationship
As per the new H1B policy memo, USCIS will consider an H1B Sponsor to have employer-employee relationship, if they meet one of the four things – Hire, Pay, Fire, Supervise or Control the work. This was previously interpreted wrongly and USCIS used to ask that they should have the right to control work at client site and denied H1B petitions on that basis. Employers were required to submit client letters, contract, work order documents in the past to prove the employer-employee relationship.
Need to have only one of Hire, Pay, fire, Supervise, or Control work.
Now, with the new guidance, there is no need to submit detail client letters and documentation. You need to submit the below documents to prove the employer-employee relationship.
You may watch the below YouTube Video as well, that covers the entire new policy memo.
Bona fide Job Offer at the time of H1B filing
As per the new memo, there should be a genuine job offer at the time of filing of H1B. The employer or H1B Sponsor need to sign under oath(penalty of perjury) indicating that there is genuine job offer for the employee and it is in specialty occupation. It is up to the Employer to prove that the job exists in specialty occupation. USCIS would not issue an RFE, if the documentation submitted meets this standard. Also, they would not judge the petition for the detailed day to day activities, which are the itinerary requirements, for the job in third party locations. Also, if the USCIS denies a petition based on this, they will give detail explanation of the same.
New Guidelines on Chain of Contracts, Client Letters
As per the new guidelines in the updated memo, there is no need for the H1B employer to submit any contracts, legal agreements (like MSA, SOWs), or client letters with details on the exact work, details on duties for entire duration of work, etc. to prove employer-employee relationship or specialty occupation related work for entire duration for the petition. USCIS will not ask for such contracts. But, if an employer submits these documents, then USCIS may use them as evidence for eligibility. Also, it is up to employer to demonstrate all the basic requirements to apply H1B petition and for employee to qualify for the same.
Guidance on Non-speculative Specialty Occupation Work
In the past many day to day activities assignments related documents like client letters, SOW, contracts, project plans, etc. were submitted for proving that there is specialty occupation work for the H1B employee. Now, as per new policy, there is no need to submit any of these. USCIS will use the H1B position related info like job description as submitted by H1B sponsor to determine, if it fits the specialty occupation or not. The employer may submit all other additional documents and supporting activities, if they choose to do it. But, not mandatory.
The H1B petition that is filed by employer for a position must meet all the standard H1B regulatory requirements for specialty occupation. USCIS will deny a petition, if the H1B sponsor has not provided enough evidence that indicates that the employee will work in a specialty occupation. Except the day to day activities requirement, they need to submit other documentation that proves that the position is a specialty occupation position.
Guidance on Benching (not working) but still paid on H1B
As per USCIS, except in certain cases, benching (not working) is not allowed. This is for US worker protections related reasons. H1B employees need to continue working as per the terms and conditions of the H1B approval given by USCIS. If USCIS finds that you are not following the terms and conditions, they can revoke petition for not maintaining status.
Being on Bench during H1B is a Material Change
If H1B employee goes on bench ( not working, loses project with client) then it is considered a material change and employer has to file an H1B Amendment for the same. Also, if the employee is in bench for a long period of time or in training, then it may not qualify for specialty occupation and it will be violation of the terms for H1B position. The only exceptions are Family or Medical leave, including leave as per disabilities act.
Maximum Duration of Bench on H1B, NOIR, NOID
There is no official rule or regulation that defines the maxim period for bench ( non-working time). It is up to USCIS discretion to see how the employee is using the amount of bench period for giving approval. USCIS officer can issue a Notice of Intent to Deny (NOID) or Notice of Intent to Revoke(NOIR), if they believe that the employer was improperly benched and not working as per the H1B approval terms and has long duration on bench.
Revoking of Original H1B Petition
USCIS will not revoke the original H1B petition, when an amendment or new petition is filed when there are change of terms of the H1B position. USCIS has discretion to revoke the original petition, if there is abuse by employers and not filing amendments or new petitions, when they are supposed to file (for example benching or change in location, etc.)
Guidance on Itinerary Requirement
USCIS will not use the itinerary requirement and ask to submit day to day activities for judging the petition. They plan to issue guidance in future or go through regulatory process to give more details on this requirement. Until then, this will not be used for adjudication.
Guidance on Short term Approvals for H1B
USCIS may issue short term approvals than the time period requested by the employer. If they do so, they will give details on why the duration was shorter than requested by employer. It could be situations where LCA duration is shorter, where they would get shorter approval time.
The new policy changes apply to all pending and new H1B petitions with USCIS. It will also apply for the motion to re-open or appeals cases that are pending with USCIS for revocations or denials
No, if the decision is already done, they will not revert back automatically. If you have anything pending, it will apply to that.
That’s about it folks. It is a big relief for many working in IT Consulting or for IT Services companies. While some are very positive, it also opens up doors for some to abuse the flexibilities…We need to see, how USCIS will handle in future.
What do you think of the changes ? Share your thoughts on the new changes.
Reference : USCIS New Policy Memo on Employer Employee Relationship
Other ArticlesSours: https://redbus2us.com/h1b-employer-employee-relationship-itinerary-policy2020-uscis/
When a US Presidential Proclamation(PP) like PP 10199 that bans travelers from a country like India to enter the US is in effect, you cannot enter the US as you would do normally. You need to either be exempt as part of the proclamation or get a National Interest Exception (NIE) to either travel to the US or get a US visa stamp in your passport. To get NIE approved by the consulate, you would need to submit a letter of justification for NIE.
For H1B Visa holders to get NIE, they need to submit a letter that justifies their travel to the US indicating that they are part of “vital support for critical infrastructure”. H1B Visa holders need to be part of 16 Critical Infrastructure Sectors as defined by Cybersecurity and Infrastructure Security Agency (CISA) to get NIE approval. Many of our users from the community have submitted NIE requests and got approvals, below is based on all of their successes. Thanks to all of our community for helping and sharing the templates.
Purpose of the NIE Letter, Any Official Format ?
The goal of the NIE justification letter or simply NIE letter from the company is to highlight to the US Consular Officer that your day-to-day work is part of critical infrastructure and you need to be physically present in the US to execute your activities. The important part is to highlight why you need to be working physically from the US, instead of working remotely from your country.
Any Official NIE Justificaiton Letter format given by US Consulate
There is no defined Official NIE justification letter format that is given by the US consulate or US Embassy. It is up to the company and the individual applying for the NIE to give proper justification and submit proofs as needed.
US Consulates across the globe have given the process and the template or format of the email that you need to send them and what information has to be included in it. You need to check the US Consulate or Embassy website in your respective country to get the correct format of the email. As an example, we will look at the NIE email format for India below.
NIE Email Template for India : Below is the email format that was given by US Consulates and Embassy in India for sending the NIE request. You would usually attach the NIE Justification Letter along with the email to get NIE approved.
- Email US Consulate that issued your Non-immigrant visa with the below details. It should be in English only.
- Last name : Your family or last name
- First name: Your first name
- Date of birth: Your date of Birth
- Place of birth: Your place of birth as in Passport
- Country of citizenship: Your country of citizenship
- Passport number: Your passport number
- Visa Number* and Category: Your visa number and category of the visa. The Visa number is the Red Color number on the visa foil, it will appear at the lower right of the visa. Check US Visa Sample, meaning for more info
- Travel dates: Your planned and confirmed travel dates with itinerary
- Travel Purpose and National Interest Category that you fall under with clear justification of the same : You need to provide details about the NIE Category that you fall under and give details on why you are qualified under NIE and the need for your travel.
- Send the above to the below email addresses
NIE Justification Letter General Format, Key points
You need to get the NIE justification letter on the company letterhead signed by the relevant authority like HR, Project Head, CEO, etc. Based on many successful user experiences, below are the key points or ideas that you need to consider and include as many as you can when crafting the NIE letter. We will look at few samples shared by users after this section.
Key points to include in NIE Letter for H1B Visa
- If your Company or Project you are working on is classified as one in 16 Critical Infrastructure Sector in US as per Cybersecurity and Infrastructure Security Agency (CISA). This is a must requirement.
- How your work as H1B holder is classified as “Vital Support for Critical Infrastructure sector“. Need to explain, what is that do you do in your job to support the same. You can include all the technical stuff like roles and responsibilites.
- Why you cannot work remotely from your home country and need to present in US.
- What is the impact, if you cannot travel to US and support the project or your company and how it can impact the Critical Infrastructure.
- If there is any deadline or criticality with the work you do, you should highlight that.
- If you can get any numbers or metrics like loss to US economy, impact to customers, anything that is around that would be great help.
General Structure, Content of NIE Letter for H1B
Below is the typical structure that you can follow to craft the NIE Letter.
- Give brief intro about petitioner/ employer, applicant
- The main reason to write a letter (requesting NIE )
- How your role and company helps to meet critical infrastructure requirements
- How your company or the work you do falls under critical infrastructure Sectors
- Highlight the specific NIE category as per the CISA guidelines (https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19)
- Why you qualify for NIE and how your travel is essential to the critical sector
- Your job role and responsibilities, including day to day activites
- Why your physical presence is required to carry out your job
- Mention any specific project/ critical timeline that is related to your current situation, if any.
- Mention about how your skills, experience and knowledge is essential to role
- How you are only or one of few people in team to do this role and you need to be in US for the same
- If there is a delay in you going back to US and joining company, how much finacial loss may occur to company, if your company can justify this ( optional)
- Also, you can add the loss or delays in critical sector that you work in, if you do not travel. If there is a bigger impact to economic growth, you can state that as well. Some of these are not always available, but if you have any, do not miss to include.
- Based on all the above, write request for NIE at the end.
Alternative Simple NIE Letter Structure shared by User
- At start give details about your organization its work.
- Next paragraph write about your relationship with your organization like role, experience how much year with this organization.
- Next how your organization giving services to client and your job duties
- Next how you need to be in USA to perform these job duties and those cannot be done from remotely.
- Hence we request you to provide Visa under NIE.
- If any details are needed please contact signed personal.
National Interest Exception(NIE) Letter Samples for H1B
You need to get the below NIE justification letters or NIE Letters on the company letterhead signed by the relevant authority like HR, Project Head, CEO, etc.
Anything within < > have to be replaced with your relevant information based on your location, job, and situation.
Below is a general NIE Letter Sample and few samples by area that were used by our users to get NIE approved. Do not use them as they are, customize them for your situation.
General NIE Letter Sample Format for H1B
The Consular Officer, NonImmigrant Visa Unit
< US Consulate or US Embassy name where you are attending >
<Address of US Consulate or US Embassy >
Re: Request for National Interest Exception(NIE): < Critical Infra Sector Name >for <Applicant Name>
Please accept this letter requesting National Interest Exception for <Applicant Name>, who is working at our company and supporting the critical infrastructure sector < critical infrastructure sector name>. As a background, <Applicant Name>, is currently employed by < Company Name >, located at <address of the company >. <Applicant Name > is working on H-1B Visa since <Date> and recently traveled to <Country Name > for <write the purpose of the travel and any critical situation or need for the applicant’s travel>
<Company Name > provides < description of the services provided that are classified under critical infrastructure sector>. Our company <Company Business impact or impact to economy, if available>. <Applicant Name> works as a <role of the Applicant > supporting our company’s services operating in <Critical infrastructure sector> . <his or her> day-to-day activities involve < list out of the roles and responsibilities of applicant, what they do, you can add technical information>. <His or Her> work impacts < US Economy or Company related metrics in USD that show the value of the employee’s work>
<Applicant Name>’s job duties and day to day activities need presence in the US as <<State the reason why the activities cannot be done remotely like working with people in US, data centers in US, in-person on the ground discussions, etc. >.
<Applicant Name>’s job duties cannot be done remotely and need <his or her> presence in the US to carry out all the activities as described above in the critical infrastructure sector < sector name>, we request you to grant permission to <travel to US on H1B Visa or get Emergency Visa stamping appointment issue Visa
As explained above, we believe the <Applicant Name> meets the National Interest Exception requirements given his critical role in < Critical Sector > at <company name>. On behalf of <company name>, I formally request you to consider thisNational Interest Exception request for <Applicant Name> and allow him to attend H-1B Visa Interview and also allow him to enter the United States to continue his work after H-1B Visa approval.
If you have any questions, please reach out to me at the contact information listed below.
Thank you for considering our request,
< Designation, Contact Information with email, phone number >
Sample 1 : NIE Justification Sample Letter for H1B – Electronics Role
The below letter was printed on Company Letter Head and signed by the relevant authority at the company certifying the same.
Date : XXX
To Whom it May Concern:
The frontline essential worker XXXX (the “Employee”) presenting this letter is currently employed by XXX Inc., formerly known as XXX, located at 5825 XXX, Oregon XXX (the Facility). In reviewing the Oregon state and federal guidance set out below and the eligibility requirements for vaccination listed in the Oregon “Get Vaccinated Oregon” COVID-19 Vaccination Plan (the “Vaccination Plan”), XXXX confirms that the Employee (i) is classified as a “critical worker in a high risk setting” or “frontline worker” employed by an essential manufacturer, and (ii) meets the eligibilities requirements for vaccination in Phase 1B Group 7 of the Vaccination Plan.
As some background, XXXX manufactures specialty chemicals required by the semiconductor and microelectronics industries to build products and materials needed for advanced technological devices, including healthcare-related devices and more general computing technology. The XXX’ facility located in XXX, Oregon is considered “Essential Businesses and Operations.” At the federal level, pursuant to the most recent guidance issued on December 16, 2020 by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Chemical Sector and Critical Manufacturing Sector supported by XXX’ manufacturing activities are specifically designated as Essential Critical Infrastructure upon which a wide range of other critical infrastructure sectors rely.
Please contact the following XXX management personnel if you have any questions about this letter or XXX’ operations in general
Sample 2 : National Interest Exception(NIE) – Healthcare Role
The below letter was printed on Company Letter Head and signed by the Company Risk Manager certifying the same. It can be anyone else as well.
United States Embassy
Non-Immigrant Visa Unit
Re: Requesting Expedited Visa Appointment under National Interest Exception: Healthcare/Public Health for ‘Applicant Name’
Please accept this letter requesting an Expedited Visa Appointment and National Interest Exception for ‘Applicant Name’ for the Healthcare/Public Health critical infrastructure sector. ‘Applicant Name’ recently traveled to India in order to complete necessary H-1B stamping, as well as to take care of his parents as multiple family members were affected by COVID-19 and a few had passed away. Prior to cancellation, he had scheduled the VAC Appointment on May 3, 2021 and Consular appointment on May 11, 2021. ‘Applicant Name’ meets the National Interest Exception requirements given his critical role in patient safety and advocacy at ‘Organization Name’. On behalf of ‘Organization Name’, I formally request that he is allowed prompt re-admission to the United States. Below is the necessary information to process his exception:
- Last name:
- First name:
- Date of birth:
- Place of birth:
- Country of citizenship: India
- Passport number:
- Visa Number and Category: Current Visa Number & F-1; I-797A approved, in India for H-1B stamping Travel dates: 04/24/2021 – 06/12/2021 (flexible tickets to fly back upon stamping completion)
‘Applicant Name’ has been employed at ‘Organization Name’ since August 2018 as a Job title. ‘Organization Name’ is a healthcare system of more than 1,700 employees across multiple locations and serving several counties. ‘Applicant Name’ serves in a critical role to patient safety for our entire health system. He is a valuable member of our Quality Department which is currently at a critical staffing level of only five employees. Ever since the beginning of the COVID-19 pandemic, ‘Applicant’s Name’ has additionally been working as the System Manager for the Safety Reporting System at ‘Organization Name’. Given ‘Applicant Name’ level of skills and expertise in managing the Safety Reporting System, ‘Organization Name’ is experiencing an undue burden in his absence. This role is important in identifying the trends of safety issues across the system and collaborating with management to address the same immediately.
‘Applicant Name’ qualifies for National Interest Exemption as he is a Critical Infrastructure Worker based on the following points (Note: Taken Directly from CISA Guidelines):
‘Applicant Name’’s role is critical to the daily operations at ‘Organization Name’ and in ensuring patient and staff safety, incident management, and patient advocacy. He traveled to India with a notion to return to the US as soon as received his passport with stamped H-1B visa on or before June 12, 2021. Any further delay in his return will cause an undue burden on the operations at ‘Organization Name’ as a whole and specifically to the Quality Department. Therefore, we request you to kindly provide an Expedited Visa Appointment on the Urgent Business Travel basis due to the critical nature of his role.
We look forward to the rapid re-admission of ‘Applicant Name’ to the United States to resume employment with ‘Organization Name’, and we respectfully request that you kindly extend all due courtesies. Should you require any further information, please do not hesitate to contact me at ‘email address’ or via phone at xxx-xxx-xxxx.
Risk Manager for the Organization”
Sample 3 : NIE Sample Email for H1B – Communications
Below is the email sent with relevant attachments by the user.
This email is a request to provide an NIE letter for my emergency travel to the United States of America. I have traveled to India for my marriage prior to the travel ban. I have an urgent need to travel back to the states without which I will not be able to work. My leadership from XXX Communications has asked me to request this letter.
Please review the details below:
- Last name :
- First name:
- Date of birth:
- Place of birth:
- Country of citizenship: INDIA
- Passport number:
- Visa Number :
- Category: H1B
- H1B Case Number:
- Travel dates: Immediate/ASAP
- Travel Purpose: Occupation
- National Interest :
My work requires me to be in the United States as it deals with software implemented on multiple devices such as Roku, FireTv, setup box, Chromecast, etc. which provides proprietary video content that is denied access outside the United States.
Please find the required documents attached in this email.
Please reach out to me in case of further questions or information like recent paychecks etc.
I sincerely request you to consider my request and provide me with an approval letter.
I truly appreciate the time and effort for reading this email.
You can also check 15 NIE User Experiences, Letters, Travel to the US
Sample 4 : NIE Sample Email for H1B
Below is the email that is sent to the US Consulate
National Interest Exception (NIE) Request
- Last Name:
- First Name:
- Date of Birth:
- Place of Birth:
- Country of Citizenship:
- Passport Number:
- Travel dates:
Travel Purpose and National Interest Category that you fall under with clear justification of the same:
Dear Sir or Madam,
This letter is submitted along with related documentation for National Interest Exception for me. I am an employee of <Company Name>. I travelled to India to take care of my ailing parents, to attend my aunt’s funeral and get my visa stamped (My most recent visa expired on April, 30th 2021). Due to rising covid cases and lockdown in Delhi followed by President Proclamation 10199, I am stuck in India and therefore seek approval for visa stamping and travel to USA under National Interest Exception.
Information about <Company Name> Inc.
<Company Name>, one of the world’s largest full-service restaurant companies, is publicly traded on the New York Stock Exchange (NYSE). As of February 20, 2018, the corporate name was changed from <Company Name>, Inc. to <Company Name>, Inc. The company stock continues to be traded under the ticker symbol, “<COMAPNY STOCK NAME>.”
Established in 2007 and based in <City, State>, <Company Name> brings together <Product> and <Product> celebrating and supporting each brand’s individuality, and leveraging their nearly 100 years of hospitality experience and expertise. <Company Name>, through its subsidiaries, franchises restaurants under the Applebee’s Neighborhood Grill & Bar and IHOP brands. <Company Name> has re-energized both brands through enhanced marketing, extensive menu innovation, and operational strategies. With approximately 3,700 locations in 18 countries, <COMAPNY NAME> empowers, supports and grows the world’s most-loved restaurant brands because we believe community happens when people eat together.
<Company Name> is committed to conducting its business in accordance with applicable laws, rules and regulations and the highest standards of business conduct, and to full and accurate financial disclosure in compliance with applicable law. For more information about <Company Name>, visit our website at <Company Website>.
Detailed description of my work:
I am currently employed by <Company Name> in the role of <role name> for maintaining and supporting <Company Name>’s PeopleSoft Financial Systems infrastructure. PeopleSoft is the core financial ERP (Enterprise Resource and Planning) system of <Company Name> which is a conglomerate of organization’s financial modules – General ledger, Accounts Payables, Asset Management, Billing, Contracts, Inventory, Order Management, Purchasing, Real Estate and Account Receivables. I am responsible for operations and availability of this ERP environment which is having multiple deployments along with Oracle database and Oracle Cloud Services and I am the only person employed by <Company Name> to perform this role.
My responsibilities involve handling critical company data, personal data, maintaining, and troubleshooting aforementioned financial systems, DevOps, change management and securitization of <Company Name> Financial data and systems. My day to day responsibilities involve interaction with system users, data, system security, IT policy changes pertaining to financial systems and audits – both security and business/financial audits.
Current projects and activities that I am part of:
- Interaction with IT leadership: I must constantly interact with leadership of the company for our systems’ future roadmap, work with cyber security team to mitigate security vulnerabilities and work on other DevOps tasks related to PeopleSoft infrastructure.
- <Project name> I engage with Chief Financial Officer and his team, internal and external auditors on every quarter and year ends for auditing PeopleSoft Financials data from IT side. It is my responsibility to sign off all change management protocols each year pertaining to changes to financial data and software code. Being a publicly traded company <Company Name>’s PeopleSoft Financials Systems are under SOX compliance.
- <Project name> Improve Finance and Accounting processes by enhancing SABRE, our billing module. I will be responsible for creating PeopleSoft Financials data link to data warehouse which is used for business intelligence (BI) and for change management of SABRE code.
- <Project name> Improve banking service levels by transitioning to a new provider, this involves switching over to a new banking provider and fully integrating it with PeopleSoft. I am involved in establishing host to host interface from PeopleSoft Financials data center to the new banking provider.
- Yearly 1099 Updates: Form 1099 – MISC is for reporting miscellaneous income outside regular income of businesses. Every year IRS makes changes to Form 1099 – MISC reporting and the changes need to be implemented in PeopleSoft Payables module. I am the key system resource who drives this change for PeopleSoft Financials and it involves demonstration, training, system and integration testing of new 1099 changes. There are strict deadline, laid down by IRS, for reporting therefore the implementation of Form 1099 – MISC changes cannot miss timelines.
Job Title: <Job title in LCA >
I am employed by <Company Name> as <Job title> and I report to Sr. Manager <Company Name>’s IT Corporate Systems. As per the regulations, 8 CFR 214.2(h)(4)(iii)(A), it is a specialty occupation. As part of specialized occupation I am responsible for: maintenance, testing and support of PeopleSoft systems include upgrades, patches, new releases, system optimization and implementations. Some of my specialized duties are:
- PeopleSoft Systems DevOps which is combination of practices and tools that enhances or maximizes an organizations ability to deliver application changes.
- Install patches and fixes for PeopleSoft Internet Architecture for the development, test, and production environments.
- Install, configure, and maintain application servers, process schedulers, web servers, report servers, and file servers.
- Install and configure Tuxedo, Web Logic, Reports, and Process Servers.
- Provide technical and production support for existing PeopleSoft applications.
- Troubleshoot development and production application problems across multiple environments and operating platforms.
To carry above tasks
National Interest Exception Category
As part of President Proclamation 10199, certain non-immigrants can travel to USA who come under the National Interest Exception (NIE). As part of this NIE list, my work and job responsibilities include:
Vital support for critical infrastructure:
I support <Company Name> PeopleSoft Financials and Oracle Cloud Infrastructure for our approximately 3700 restaurant locations (owned or franchised) across 18 countries. With restaurant locations and information technology systems, my job responsibilities come under the Food and Agriculture Sector (<Company Name> products> ) of Cybersecurity and Infrastructure Security Agency (CISA) and Information Technology Sector of CISA, both identified as Critical Infrastructure under Covid19 and thereby part of NIE.
With 3700 restaurant locations and approximately 200000 team members employed by franchise partners, PeopleSoft Financial Systems and Oracle Cloud Infrastructure is a critical application for managing <Company Name>’s finances. My work involves maintenance, support and troubleshooting PeopleSoft Financials Systems of <Company Name>, an Enterprise Resource Planning solution, which is conglomerate of our main business processes as mentioned above.
I have been an employee of <Company Name> for almost 5 years and resuming work in USA is very important for me and my company. To meet financial deadlines and to operate our financial system securely and under audit compliance my presence is required in USA. I am the only resource handling these responsibilities and projects from PeopleSoft and Oracle Cloud infrastructure side and I cannot perform these duties from India as it will impact my company’s operations due to data integrity compliance, geography and time zone gaps, both financially and from the perspective of policy compliance and cyber security. Even during the peak phase of pandemic our team was operating without any shutdowns or interruptions. Therefore, please accept my request and grant me NIE to travel. I have also provided my position confirmation letter from <Company Name> along with this and other drop box documents.
Sample 5 : National Interest Exception(NIE) Sample Letter Format for H1B
Below is the general format you can follow
- In the first few lines ( 4 to 5 lines) give a summary of your request stating that this is a request for NIE to travel to US, so that they get the context.
- Next talk about your company and their business on a very high level. Maybe 4 to 5 lines. If your company is publicly traded mention it’s stock short name on NYSE, give estimate of employees, rough estimate of revenue, locations where it operates like 5 countries or offices in LA and NY, etc.
- In next paragraph, talk about your role and the day to day tasks you do. Remember to talk about tasks not your skill sets. Mention about your current projects, routine tasks, mention teams that you deal with. Make sure to connect it with company revenue, company operations (not just your team’s operations), align each of your task to your company business, to show that work that you are doing is directly helping your business.
- For example, if you are in financial domain you can talk about revenue, taxes, cyber security, SOX audit, IT roadmap that you work on, etc. from the side of technology.
- Your skill set, this is the area where you define how you accomplish tasks on item number 2 above . remember you are H1 be holder, you are expected to have specialized skill set don’t use java developer, Python programmer, 5 year experienced in database administration NO. You have to show specialized skill set, like “I manage multiple cluster of Oracle database for a highly redundant and fault tolerant architecture coupled with RAID redundancy at OS level because user base is distributed in different timezones and we are expected to provide 99.99% availability.”
- NIE justification, most crucial, you have to mention the specific critical infra sector , like IT and there too you have to pin point where you lie, you cannot say I am 15 years exp. IT profesional. No , you have to again align your skills with sector. Also, use MS Word footnotes to give link to that specific critical infra sector page. It does not matter that the hard copy cannot access URLs, still give.it.
Lastly, write an endnote asking to consider and grant you NIE based on the sectors that you found
What has been your experience with the NIE format ? Share your experience and format in the comments below.
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For letter h1b client sample
SAMPLE CLIENT LETTER FOR H1B
Client letter for h1b visa is a very important document now a days. Although client letter for h1b extension and h1b visa transfer is not needed according to USCIS. But it is always good to have. Client letter for h1b visa stamping is a must document. This post will explain how should you write a client letter. We can break the client letter in four parts. Each part is important. In part 4. You should clearly write the job duties. The job duties must match with your h1b position title.
Client letter format for h1b
Part 1: Client company information.
701 suite 3.
Part 2: Vendor company information.
Mr. Arun Kumar.
121 mecer st.
New Jersey 08876.
RE: End Client Letter for Mr. Rahul Agrawal.
Part 3 : Brief description.
Dear Mr. Kumar,
This is to inform you that abc Inc’s employee Mr. Rahul will be performing LTE developers duties on a project for xyz. The job duties are outlined below. Currently, we have issued a work order for 12 months. But we anticipate the need for his services to go beyond that time to approximately 3 to 4 years. For emphasis, we note here again, this statement is merely an expression of intent.
It is not a contractually or equitably binding commitment. All representations made are strictly for submission to the immigration authorities. No legal or equitable rights are created, modified or abrogated by this letter.
Part 4: Job duties.
Mr. Rahul will be performing the following work.
- Develop and create functional and technical requirement for new test plans. And submit it to management for approval.
- Implement new protocol stack features.
- Develop scripts to capture key performance indicators for protocol.
- Develop and modify scripts for optimizations in test cases.
- Maintain proficiency in one modern scripting language such as Python or Perl.
- Install new system software on test machines and check CPU performance for all related tasks.
- Perform calibration testing involving the LTE protocol.
- Work with simulator hardware provider to resolve any calibration issues found.
- Carry out device conformance and Verizon operator specific testing.
- Analyzes test results to ensure correct functionality.
- Perform end to end validation.
- And verification with focus on debugging, analyzing the failure logs using device monitoring tools.
- Perform testing activities in the lab including device preparation.
- Develop and work with test script in scripting languages.
- Analyze review and submit the test reports and share status with respective stake holders.
- Perform initial debugging procedures by reviewing configuration files, logs, or code pieces to determine breakdown source.
- Maintain a list of all devices specific issues and work with vendors for the fixes.
- Design test plans, scenarios and scripts. Driving Customer discussions and meetings related to bugs, requirements etc..
- Maintain a high standard of service delivery by supporting customers, during their in-house testing.
- Submit final test reports and share status with respective stakeholders.
- Understanding of software development. And testing concepts for wireless handsets for various air interface standards.
- Create testing schedules and strategies in accordance with project scope and delivery dates.
- Shortlist all new mobile device protocol features for each test cycle. And learn their technical aspects by analyzing specification documents.
The minimum education, training, and experience necessary to perform the job duties is a Bachelor’s degree or equivalent.
Work Site Location: xyz 123 valley blvd, Washington.
Mr. Rahul will not be our employee. As long as Mr. Rahul follows xyz’s standard workplace policies. XYZ will have no responsibility to dictate how he performs his job duties. We will also not be responsible for hiring, discharge, promotion, demotion, remuneration or any other incidents of his employment.
If you have any questions about this assignment, please contact me.
For more info on h1b visa client letter click this link. Hh1b visa approval without client letter. If you have any doubt Sample Client Letter For H1b, please comment below. You will get an instant response.
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This type of letter is usually required by USCIS to provide evidence of the employer/employee relation based on the rules in the January 8, 2010 Neufeld memo.
123 Green Street
New York, NY 10011
Mr. Robert Smith
ABC Solutions, Inc.
100 20th Street
Brooklyn, NY 11215
RE: End Client Letter for Mr. Rajesh Singh
Dear Mr. Smith,
I am writing to confirm that ABC Solutions Inc. employee Mr. Rajesh Singh will be performing Software Engineering duties on a project for Acme Inc. as outlined below, and is expected to do so at least through December 29, 2021, subject to continuing business necessity, successful performance evaluations, and continuation of the Agreement between ABC Solutions, Inc. and Acme Inc.
As part of his assignment on this project, Mr. Singh is responsible for performing the following duties:
- Serve as Java Developer for the ERP I MES Integration Project
- Complete Technical Designs for assigned activities
- Develop & test applications as assigned
- Display proficiency with the modules and toots used for the ERP / MES Integration Project such as Java Spring/Hibernate, Java Server Faces/AJAX, web services, and RAID
The requirement for the position is a Bachelor’s Degree or equivalent work experience in Computer Science, Computer Information Systems, Electrical Engineering, Computer Engineering, Mathematics or related field.
The assignment location is Acme Inc. Business Service Center located at 123 Green Street, New York, NY 10011.
Mr. Singh is not employed by Acme Inc., and Acme Inc. does not have the right to assign Mr. Singh to another project, location or company as part of this Assignment.
ABC Solutions, Inc. at all times has the ability to assign additional duties to Mr. Singh and will review the performance of Mr. Singh during the assignment.
Mr. Singh will be expected to work 40 hours per week.
ABC Solutions, Inc. shall be responsible for the payment of a salary (with any applicable taxes and benefits) to Mr. Singh.
ABC Solutions, Inc will also be responsible for the terms of Mr. Singh’s assignment, and her assignment will be directed, reviewed and supervised by his ABC Solutions, Inc. manager.
If you have any questions about this assignment, please contact me.
Tim White, Global Project Manager
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