Review and Revision of Request for Evidence Templates

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Clement Joshua Holland
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1 Review and Revisin f Request fr Evidence Templates USCIS Page 1 f 1 1/7/2015 Review and Revisin f Request fr Evidence Templates In April 2010, USCIS launched the Request fr Evidence (RFE) Prject, an initiative t review and revise ur Service Center RFE templates. Thrugh cntinuus engagement with USCIS stakehlders, this prject is prducing RFE templates that are: Clear and cncise. Cnsistent acrss USCIS service centers; Relevant fr the classificatin being adjudicated; and Adaptable t the facts and needs f individual cases. We are currently reviewing RFE templates fr these categries: E12, Outstanding Prfessr and Researcher Immigrants. E13, Multinatinal Executive and Manager Immigrants. Ability t Pay fr Frm I140. F, Student Nnimmigrants. M, Vcatinal Student Nnimmigrants. J, Exchange Visitr Nnimmigrants. L1B, Specialized Knwledge Intracmpany Transferee Nnimmigrants. O1B, Extrardinary Ability in the Arts Nnimmigrants. We will pst drafts f revised templates in the Feedback Opprtunities page f uscis.gv, where stakehlders will be able t submit cmments. We will als pst final templates n the same Web page nce we have reviewed and cnsidered cmments received. A summary f RFE Prject accmplishments t date is currently available n the Feedback Updates page f In additin t cmments n individual templates, USCIS als seeks stakehlder input n brader issues related t templates that are nw under review. This input shuld address these questins: 1. What are the tp five issues yu have with RFEs in the classificatins that are currently under review? 2. What imprvements can be made t the current RFE prcess in these classificatins? 3. What types f evidence are frequently unavailable fr these classificatins when requested, and why? What evidence culd be submitted as an alternative? us Stakehlders will have cntinuus access t USCIS thrughut the RFE Prject via at scpsrfe@dhs.gv. We encurage yu t use this address t prvide feedback n the questins abve and t suggest priritizatin f future classificatins fr the prject. Yu can als us thrugh scpsrfe@uscis.dhs.gv t let us knw abut trends in RFEs yu feel are errneus. If yu d this, please nte: USCIS will review the issue raised but will nt respnd t the individual inquiry; ing RFEs t this address des nt replace the requirement t respnd t the RFE within the perid stated n the RFE Ntice. Yu shuld respnd t the RFE in a manner yu feel is apprpriate. Failure t respnd t the RFE culd result in a denial. This bx is nt intended fr petitiners t use t request review f specific cases. If yu have specific questins regarding individual cases, please cntact the USCIS Natinal Custmer Service Center at Last Reviewed/Updated: 01/06/2015

2 I140 E13 Multinatinal Executives and Managers REQUEST FOR EVIDENCE ATTACHMENT TO I797 1

3 REQUEST FOR EVIDENCE Frm I140, Immigrant Petitin fr Alien Wrker E13 Multinatinal Executives and Managers Required Intrductin Yur rganizatin, [insert rganizatin name] (petitiner), filed an Immigrant Petitin fr Alien Wrker (Frm I140), n [date petitin was filed], with U.S. Citizenship and Immigratin Services (USCIS), seeking t classify [insert name f beneficiary] (beneficiary) as a Multinatinal Executive r Manager Immigrant wrker (E13). The Frm I140 indicates the beneficiary will wrk as a/an [insert jb title] in [insert field]. The E13 immigrant classificatin applies t individuals wh wrked in a managerial r executive capacity abrad fr at least ne year fr a firm, crpratin, ther legal entity, r its subsidiary r affiliate. In additin, E13 immigrants must seek t cntinue rendering services t the same emplyer, r its subsidiary r affiliate, in a managerial r executive capacity. If the beneficiary is utside the United States, then the ne year f qualifying emplyment must be within the three years prir t filing the petitin. If the beneficiary is already in the United States wrking fr the same emplyer, r a subsidiary r affiliate f the firm r crpratin r ther legal entity fr which the beneficiary wrked abrad, then the ne year f qualifying emplyment must be within the three years prir t the beneficiary s entry as a nnimmigrant. Additinally, yur rganizatin (the petitiner) must be multinatinal t qualify fr the E13 immigrant classificatin. Multinatinal means that the qualifying entity, r its affiliate, r subsidiary, cnducts business in tw r mre cuntries, ne f which is the United States. T prcess yur petitin and determine if yur petitin is apprvable, additinal infrmatin is required. This request prvides suggested evidence that yu may submit t satisfy each requested item. Yu may: Submit ne, sme, r all f these items. Submit nne f the suggested items and instead submit ther evidence t address the request and establish that the petitin is apprvable. Explain hw the evidence in the recrd already establishes that the petitin is apprvable. Request a decisin based n the recrd. Please nte yu are respnsible fr prviding evidence that establishes by a prepnderance f the evidence that all requirements have been met in rder fr yur petitin t be apprved. Evidence must shw that bth yu and the beneficiary meet the requirements fr the requested benefit as f the date yu filed the Frm I140. ATTACHMENT TO I797 2

4 Als, statements made in cver letters shuld be supprted with additinal evidence. USCIS checks all petitins filed fr this classificatin in its Validatin Instrument fr Business Enterprises (VIBE) system. VIBE uses cmmercially available data t validate basic infrmatin abut rganizatins petitining t emply freign wrkers. Fr mre infrmatin abut this prgram, please visit USCIS s website at Request fr English Translatins [NOTE TO ISO: Only use this subsectin if yu are requesting a specific English Translatin f a freign dcument submitted withut ne. Delete, if yu are nt requesting a specific English Translatin] All freign language dcuments must have a cmplete English translatin. Yu submitted the fllwing dcuments which are in a language ther than English. (Officer must list the dcuments.) Please submit English language translatins fr the dcument(s) nted abve. In additin, the translatr must certify that: The translatins are accurate and cmplete; and He r she is cmpetent t translate frm the freign language int English. NOTE t ISO: Review and delete the fllwing subsectins if the petitiner has met the requirement addressed. Petitiner Requirements T qualify fr the E13 classificatin, yu must shw: Yu ffered the beneficiary a jb t perfrm in a managerial r executive capacity; Yu, r an affiliate r subsidiary, cnduct business in tw r mre cuntries, ne f which is the United States; Yu have been ding business fr at least ne year; Yu are the same emplyer r a subsidiary r affiliate f the firm r crpratin r ther legal entity which emplyed the beneficiary verseas; and Yu have the ability t pay the beneficiary s ffered wage. ATTACHMENT TO I797 3

5 Offer f Emplyment. Yu must shw yu ffered the beneficiary a jb t perfrm in a primarily managerial r executive capacity. The jb ffer must be in the frm f a statement which indicates that the beneficiary is t be emplyed in the United States in a primarily managerial r executive capacity. The jb ffer letter must clearly describe the duties t be perfrmed by the beneficiary. Yu did nt submit evidence t meet this requirement OR T satisfy this requirement, yu submitted: (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence listed under this subsectin is insufficient t establish eligibility.] AND Yu may still submit evidence t satisfy this requirement. Please submit the fllwing: A statement frm an authrized fficial f yur rganizatin which indicates that yu will emply the beneficiary in the United States in a primarily managerial r executive capacity. Yur statement must clearly describe the beneficiary s prpsed jb duties. Qualifying Relatinship. Yu must shw yu are the same emplyer r a subsidiary r affiliate f the firm r crpratin r ther legal entity which emplyed the beneficiary abrad. Yu did nt submit evidence t meet this requirement. OR T satisfy this requirement, yu submitted: (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence listed under this subsectin is insufficient t establish eligibility.] ATTACHMENT TO I797 4

6 Insert if applicable: Additinally, USCIS s VIBE system was unable t validate a relatinship between yur U.S. and freign entities.] AND Yu may still submit evidence t satisfy this requirement. Please submit the fllwing: A statement frm an authrized fficial f yur rganizatin which indicates that yu are the same emplyer r a subsidiary r affiliate f the firm r crpratin r ther legal entity which emplyed the beneficiary abrad. Dcuments which shw wh wns and cntrls yur rganizatin, and dcuments which shw wh wns and cntrls the beneficiary s frmer emplyer abrad. Dcuments may include, but are nt limited t: A detailed list f wners, including their percentages f wnership; An annual reprt which lists all affiliates, subsidiaries, branch ffices, and percentages f wnership; Cpies f, as applicable, Articles f Incrpratin, crprate bylaws, meeting minutes, a stck ledger, all stck certificates, prf f stck purchase (such as cpies f the riginal wire transfers, cancelled checks, depsit receipts, bank statements, r ther dcumentary evidence if n mney was exchanged in a stck transfer); Cpies f, as applicable, Articles f Organizatin, the Operating Agreement, and meeting minutes; A cpy f, as applicable, the partnership agreement; A cpy f, as applicable, the agreement with a wrldwide crdinating rganizatin, if yur rganizatin and the beneficiary's frmer emplyer abrad are bth partnerships which market accunting services under the same internatinally recgnized name; A cpy f, as applicable, the jint venture agreement; and A cpy f, as applicable, the franchise agreement, including all addenda, attachments, additinal statements, and exhibits. Ding Business Petitiner. Yu must shw yu were ding business fr at least ne year befre yu filed the petitin, and that yu cntinue t d business. Ding business means the regular, systematic, and cntinuus prvisin f gds and/r services by a firm, crpratin, r ther entity. It des nt include the mere presence f an agent r ffice. Yu did nt submit evidence t meet this requirement. OR T satisfy this requirement, yu submitted: ATTACHMENT TO I797 5

7 (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence listed under this subsectin is insufficient t establish eligibility. Insert if applicable: Additinally, USCIS was unable t match yur rganizatin t an active rganizatin in its VIBE system OR USCIS s VIBE system indicates that yur rganizatin is inactive and may be ut f business.] AND Yu may still submit evidence t satisfy this requirement. Dcuments may include, but are nt limited t: A statement frm an authrized fficial f yur rganizatin which indicates that yu have been ding business fr at least ne year. Dcuments t shw yu were ding business fr at least ne year befre yu filed the petitin, and cntinue t d business. Evidence may include, but is nt limited t, dcuments shwing yu: Legally frmed yur rganizatin and it is currently authrized t d business, such as cpies f yur: Articles f incrpratin; Operating agreement; Partnership agreement; Lcal business license; and/r Certificate f gd standing; Acquired and retain the necessary facilities, equipment, and staff t d business, such as cpies f: Leases fr business premises; Purchase agreements; Yur federal incme tax returns; Yur Frm 941, Emplyer s Quarterly Federal Tax Returns; and/r Payrll recrds; Regularly and systematically prvide gds r services, such as cpies f yur: Invices; Sales cntracts; ATTACHMENT TO I797 6

8 Imprt/ exprt license; and/r Cntracts r agreements with shipping and receiving cmpanies. Multinatinal. Yu must shw that yu are a multinatinal rganizatin. Multinatinal means that yu, r an affiliate r subsidiary, cnduct business in tw r mre cuntries, ne f which is the United States. Yu did nt submit evidence t meet this requirement. OR T satisfy this requirement, yu submitted: (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence listed under this subsectin is insufficient t establish eligibility.] AND Yu may still submit evidence t satisfy this requirement. Evidence may include, but is nt limited t, dcuments shwing the freign rganizatin was: Legally frmed, and was authrized and cntinues t d business, such as cpies f its: Articles f incrpratin; Operating agreement; Partnership agreement; Lcal business license; and/r Certificate f gd standing; Acquired and retained the necessary facilities, equipment, and staff t d business and cntinues t d s, such as cpies f its: Leases fr business premises; Purchase agreements; Tax returns; and/r Payrll recrds; Regularly and systematically prvided gds r services and cntinues t d s, such as cpies f its: Invices; Sales cntracts; Imprt/exprt license; and/r Cntracts r agreements with shipping and receiving cmpanies. ATTACHMENT TO I797 7

9 NOTE t ISO: Review and delete the fllwing subsectins if the beneficiary has met the requirement addressed. Beneficiary Requirements T establish that the beneficiary is eligible fr E13 classificatin, yu must shw that: The beneficiary will be emplyed in a primarily managerial r executive capacity; The beneficiary was emplyed abrad in a primarily managerial r executive capacity fr ne year within a specific threeyear perid; and The beneficiary was admitted in a nnimmigrant classificatin, if he r she is currently in the United States. Prpsed Emplyment. Yu must shw the beneficiary will be emplyed in a primarily managerial r executive capacity. Yu did nt submit evidence t meet this requirement. OR T satisfy this requirement, yu submitted: (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence is insufficient t establish eligibility.] AND Yu may still submit evidence t satisfy this requirement. Please submit: A statement frm an authrized fficial f yur rganizatin which indicates that yu will emply the beneficiary in the United States in a primarily managerial r executive capacity. Yur statement must clearly describe the beneficiary s prpsed jb duties. Dcumentary evidence t establish that the beneficiary will be emplyed in a primarily managerial r executive capacity. Evidence may include, but is nt limited t: ATTACHMENT TO I797 8

10 An explanatin f the specific daily tasks that are invlved with the cmpletin f each f the beneficiary s prpsed duties and the percentage f time t be spent n each. Individual tasks shuld nt be gruped tgether. A list f emplyees (and individual cntractrs) in the beneficiary s immediate divisin, department, r team. Include a summary f their jb duties, educatinal level, salary, and whether they wrk full r parttime; and/r A descriptin f yur prducts and services, including the exact prductive and administrative tasks necessary t prduce the prducts and services. Explain wh perfrms thse tasks, and tasks related t galsetting, plicymaking, and discretinary decisinmaking. An rganizatinal chart r diagram which: Shws yur structure and staffing levels; Identifies the beneficiary s psitin; and/r Lists all emplyees and cntractrs in the beneficiary s immediate divisin, department, r team by name and jb title. Cpies f the fllwing relating t the beneficiary and his r her prpsed subrdinates, when applicable: Payrll summary; Frm W2, Wage and Tax Statement; Frm W3, Transmittal f Wage and Tax Statements; Frm 1099MISC, Miscellaneus Incme; and/r Frm 941, Emplyer s Quarterly Federal Tax Return fr the fur quarters befre yu filed the petitin. Yu may redact the emplyees addresses and all but the last fur digits f their scial security numbers. Evidence t shw the beneficiary will be a functinal manager, if applicable, includes, but is nt limited t, dcuments that indicate: The specific functin that the beneficiary manages; Hw the functin is essential t yur rganizatin; Hw the beneficiary primarily exercises directin ver the daytday peratins f the functin; and Hw the beneficiary acts at a senir level with respect t yur rganizatin r the functin. Evidence t shw the beneficiary will be a firstline supervisr managing emplyees wh are prfessinals includes, but is nt limited t, dcuments that indicate: ATTACHMENT TO I797 9

11 The ccupatins f the beneficiary s prpsed emplyees require a baccalaureate degree as the minimum fr entry int the field f endeavr. Beneficiary s Emplyment Abrad. Yu must shw the beneficiary was emplyed abrad in a primarily managerial r executive capacity fr at least ne year in the relevant threeyear perid: If the beneficiary is abrad, then the ne year f qualifying emplyment must be within the three years prir t the filing f this petitin; r If the beneficiary is already in the United States and wrking fr the same emplyer r a subsidiary r affiliate f the firm r crpratin r ther legal entity fr which the beneficiary was emplyed abrad, then the ne year f qualifying emplyment must be within the three years prir t the beneficiary s admissin as a nnimmigrant. Yu did nt submit evidence t meet this requirement. OR T satisfy this requirement, yu submitted: (Officer must list the evidence submitted t meet this requirement.) The evidence yu submitted is insufficient. [ISO MUST insert the reasn(s) why the evidence listed under this subsectin is insufficient t establish eligibility.] AND Yu may still submit evidence t satisfy this requirement. Nte t ISO: Please chse the applicable paragraph depending n whether the Beneficiary is in the U.S. r nt: If the beneficiary is in the U.S. wrking fr the petitiner then use belw paragraph: The recrd shws that the beneficiary is already in the U.S. wrking fr the same emplyer r a subsidiary r affiliate f the firm r crpratin r ther legal entity that emplyed the beneficiary verseas. Therefre, please submit a statement frm an authrized fficial f yur rganizatin which demnstrates that the beneficiary wrked abrad in a primarily managerial r executive capacity fr yur rganizatin, yur affiliate, r yur subsidiary ATTACHMENT TO I797 10

12 fr at least ne year in the three years preceding the beneficiary s admissin as a nnimmigrant. If the beneficiary is utside the United States then use belw paragraph: The recrd shws that the beneficiary is utside the Unites States. Therefre, please submit a statement frm an authrized fficial f yur rganizatin which demnstrates that in the three years immediately preceding the filing f this petitin the beneficiary has been emplyed fr at least ne year in a primarily managerial r executive capacity with yur firm, crpratin, r ther legal entity, r with yur affiliate r yur subsidiary. AND Additinally, please submit dcumentary evidence t establish that the beneficiary was emplyed in a primarily managerial r executive capacity with the qualifying freign emplyer. Evidence may include, but is nt limited t: An explanatin f the specific daily tasks that were invlved with the cmpletin f each duty and the percentage f time spent n each duty. Individual tasks shuld nt be gruped tgether. A list f emplyees (and individual cntractrs) in the beneficiary s immediate divisin, department, r team. Include a summary f their jb duties, educatinal level, salary, and whether they wrked full r parttime. A descriptin f yur prducts and services, including the exact prductive and administrative tasks necessary t prduce the prducts and services. Explain wh perfrmed thse tasks, and tasks related t galsetting, plicymaking, and discretinary decisinmaking. An rganizatinal chart r diagram that crrespnds with the beneficiary s emplyment abrad, which shws the freign rganizatin s structure and staffing levels and identifies the beneficiary s psitin. Cpies f the payrll summary fr the beneficiary and his r her subrdinates. Evidence t shw the beneficiary was a functinal manager, if applicable, includes, but is nt limited t, dcuments that indicate: The specific functin that the beneficiary managed; Hw the functin is essential t the rganizatin; Hw the beneficiary primarily exercised directin ver the daytday peratins f the functin; and Hw the beneficiary acted at a senir level with respect t the rganizatin r the functin. ATTACHMENT TO I797 11

13 Evidence t shw the beneficiary was a firstline supervisr managing emplyees wh were prfessinals includes, but is nt limited t, dcuments that indicate: The ccupatins f the beneficiary s emplyees require a baccalaureate degree as the minimum fr entry int the field f endeavr. Nnimmigrant Admissin. The recrd indicates that the beneficiary is in the United States. Therefre, USCIS requests that yu submit evidence t shw when the beneficiary was admitted t the United States as a nnimmigrant. This evidence is needed s that USCIS can determine the relevant three year perid t examine when determining whether the beneficiary has the requisite ne year f managerial r executive experience with a qualifying freign entity. Evidence may include, but is nt limited t, a cpy f the beneficiary s: Frm I94, Arrival/Departure Recrd; and/r Passprt shwing the nnimmigrant admissin. Nte: Evidence shuld shw the specific date and nnimmigrant classificatin f the beneficiary s admissin. Nte t ISO: General Reminders sectin shuld be included in every RFE General Reminders If yu are submitting evidence in respnse t this request please als submit the fllwing: An index f the evidence and include crrespnding tabs fr each sectin f evidence. Clear and legible cpies f the evidence. If clear and legible cpies are nt pssible, submit the riginal dcuments. These riginals will be returned, if requested. Full English language translatin(s) f evidence submitted t the USCIS cntaining a freign language. The translatr must certify that: The translatins are accurate and cmplete; and he r she is cmpetent t translate frm the freign language int English. ATTACHMENT TO I797 12

STUDENT EMPLOYMENT FORMS PACKET

STUDENT EMPLOYMENT FORMS PACKET FOR INTERNATIONAL STUDENTS THE GW Center fr Career Services Marvin Center Suite 505 Student emplyment questins? E-mail us at gwse@gwu.edu This packet cntains: Federal I-9