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Bona fide letter requested as part of RFE
Friday, June 13, 2014 12:11:40 PM(UTC)
I got an RFE on my EB2 I-140 processing in premium with date porting from EB3. USCIS asked a bona fide letter with lot of details. Can you please let me know how to better respond to this request as my case is processed as a future employment.
Any info that you may pass will be very helpful. Thanks a TON!
The petitioner must establish that it has made a bona fide job offer to the beneficiary, and that it desires and intends to employ the beneficiary in the offered position.
Therefore, please submit evidence to establish that the petitioner has made a bona fide job offer to the beneficiary, and that the petitioner desires and intends to be the beneficiary actual employer. This evidence should consist of the petitioner’s statement addressing each of the following questions, supported by the documentary evidence.
• Will the petitioner have the authority to hire or fire the beneficiary and/ or set the rules and regulations of the beneficiary's work?
• Will the beneficiary report to someone in the petitioning organization?
The petitioner may issue the statement by an authorized official of the petitioner on official letterhead and must list the petitioners name and address, the date, and the signers name and title.
In addition to the requested statement, please:
• Identify the location and exact address of the beneficiary's intended employments;
• Submit copies of any contracts under which the beneficiary will be employed. Contracts should include:
o The rate of pay for the beneficiary;
o The name of the contracting employer who will provide employment for the beneficiary;
o The length of employment;
o The hours of work;
o Who will pay the beneficiary; and
o The address where the beneficiary will actually work.
• Identify whether the salary is set by the contract or is regular and ongoing;
• Identify what entity will pay the beneficiary and include the entity's tax identification number;
• Identify what entity by tax identification number will supervise, assign and control the work of the beneficiary;
• Identify what entity by tax identification number owns the work equipment which the beneficiary will use to perform the duties set forth on the labor certification;
• Include any other evidence to demonstrate that the petitioner has made a bona fide job offer and that the petitioner desires and intends to employ the beneficiary in the offered position.
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