The 2010 Neufeld H-1B Visa memo requires employers to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee.
The January 2010 Neufeld Memo established the parameters for the H-1B Visa Employer-Employee relationship.
Listed below is a list of Required Documents to prove whether a valid employer-employee relationship exists by determining if the employer has a sufficient level of control over the employee.
In House Work Location:
Sample H-1B Visa Cover Letter to USCIS – In House employment.
Request for Evidence (RFE) – In House Work Location.
If the correct h-1b visa supporting documentation and information is not properly submitted in the initial petition, USCIS may issue a Request for Evidence (RFE).
The Petitioner is then given 90 days to submit the requested documentation and information.
Sample Request for Evidence (RFE) Response for In-House Employment
3rd Party Offsite (Client) Work Location:
Sample End Client Letter
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.
Sample Statement of Work for Professional Services.
Request for Evidence (RFE) – 3rd party (offsite) work location.