The Neufeld Memo – Additional Documents Required for H1B 2011

In January USCIS released a document called the Neufeld Memo that lays down additional documentary requirements for H1B visa applications. Starting fiscal year 2011 H1B visa applications not accompanied by these documents will not be approved. The memo has been introduced to primarily stem the flow of H1B applications from consulting companies. With the Neufeld Memo guidelines in place, it will be much harder for consultants to get 2011 H1B visas. You can read all about the Neufeld Memo here.

According to the memo, H1B applications will need to be accompanied by the following documents, where applicable:

• a complete itinerary of engagement specifying dates of each service, names and addresses of establishment where service will be performed
• a copy of the signed employment agreement between the employee and employer
• a signed copy of the job offer letter that clearly describes the type of employer-employee relationship
• if the H1B employee is to perform work for third party clients, then signed contracts between the petitioner and the third party client needs to be provided, specifying clearly that the petitioner will have control over the employee
• if the H1B worker is to work at third party client sites, then work orders, statement of work, project duration, etc needs to be provided that clearly specifies the job duties, qualifications required for the job, salary paid, benefits and description of who will supervise the employee
• a copy of the job description
• a description of how the employee’s performance will be reviewed
• a copy of the organizational chart

These are not new rules, but a reinstatement of existing guidelines. This will make it harder for Indian IT professional to get H!B visas in 2011.

Also read: 30 Companies that Hire International Students