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今天收到律師樓助理說我的 H1B 案件需要補件（Request For Evidence, RFE），洋洋灑灑共有十大條，頗讓人氣餒，因為依我看來，短時間內根本無法備齊這些資料。
律師助理表明這些資料必須由我和公司提供。但說真的，我「一直以為」：我和公司只要負責一些毋須大腦的既定文件，那些需要包裝與詳加闡述的文件則是律師的工作。但助理堅持：我和公司才了解業界生態，這些文件是我的事。
例如，「Standards for a Specialty Occupation Position」這項，我要自己去搜集資料，找到在業界約當公司規模、約當年營業額的公司，一般都有此一職位的需求、且都有雇用「學士」的限制。要我幫忙找參考點，沒問題，因為這是我的案件我責無旁貸，但若把此一責任全推到我身上，跟我想像中「交由律師全權辦理」實在差很遠。
重點是，我沒有辦「H1B」案件的經驗，我實在不懂該如何「包裝」我的案件才能一解移民官的疑慮、進而核准我的案件。這麼重要的問題，難道不是我之所以求助專業律師的起始點嗎？
所以，不知有沒有人認識願意半途接手的專辦工作簽證律師，願意急件幫我處理這些文件？需要補件的十點列在本文最後，謝謝。
唉，收到「RFE」通知真是晴天霹靂，有種不祥的預兆，心情好沈重
。也許，光輝的十月，就得打包行李回台灣。
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Request For Evidence:
1. Job Description:
Please provide a detailed job description, including:
-- Job duties;
-- percentage of time to be spent on each duty;
--explain how the work done requires the services of a person who has a college degree;
2. Petitioner's Organizational Chart:
--The petitioner's line and block organizational chart showing its hierarchy and staffing levels (see Sample I for your reference). The chart should include the current names of all executives, managers, supervisors, and employees within each department or subdivision. Clearly identify the beneficiary's (your) position in the chart. List all employees by name and job title.
3. Standards for a Specialty Occupation Position:
Please provide one of the following information:
--the degree requirement is common to the industry in parallel positions among similar organizations (i.e. organizations with 80 employees);
--provide evidence that the position of Credit Analyst is a common position required by similarly sized offices with similar annual incomes. Also provide evidence that the petitioner’s competitors normally require degree in a specific specialty for closely related positions to that of Credit Analyst.
-- provide evidence to establish a degree requirement is common to the industry in parallel position among similar organizations, for example, job listings or advertisement.
4. Position Announcement:
Please provide the following information:
--Copies of the employer's present and past job vacancy announcements; for example, newspaper classified advertisements soliciting for the current position; in-house posting (see attached Sample II for your reference), or internet advertisement. The advertisement must show that the employer requires its applicants to have a minimum of a bachelor or higher degree.
5. Past Employment practices:
Please provide the following information:
--Evidence to show that the employer has a past practice of hiring persons with a bachelor degree, or higher, to perform the duties of the proffered position;
--List number of persons employed in similar positions; indicate how many of those person have a bachelor degree or higher and the particular field of study in which the degree was attained. (see attached Sample III for your reference)
--Documentation should include copies of transcripts and pay records or Quarterly Wage Reports for the employees claimed to hold a bachelor degree in the specific field of study.
6. Petitioner's Products or Services:
Please provide the following information:
-- Explain what differentiates the petitioner's products or services from others in the industry and why it requires a bachelor level of study to perform the duties of the position.
-- Provide documentary examples of the petitioner's products or services (i.e. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc.)
7. Nature of the Petitioner's Business:
Please provide the following information:
--provide a clear comparison and /or contrast of the operational complexity of the petitioner's business with other business in the industry or to the norm of other position in the field;
--provide documentary examples such as press releases, business plans, promotional materials, advertisements, patents, critical reviews, articles, photographs of prototypes, etc that substantiate claims of complexity and specialization above that experienced in the industry or the field.
8. Federal Income Taxes:
--provide signed copies of the petitioner's filed Federal Income taxes. The copies of the tax returns should include Forms 1120, 2220, 4562, 5472, and 1065 with all required schedules and statements, as appropriate, for the years: 2007 and 2008.
9. Business Licenses:
- -Provide copies of the company's current valid city, county, state and federal government business licenses.
10. Company Profile:
Please provide the following documents/information:
--Detailed description about the petitioner’s business organization;
--copies of company brochures, pamphlets, internet website, and any other printed work published by the employer which outlines, in detail, the products or services provided by its company.
律師助理表明這些資料必須由我和公司提供。但說真的，我「一直以為」：我和公司只要負責一些毋須大腦的既定文件，那些需要包裝與詳加闡述的文件則是律師的工作。但助理堅持：我和公司才了解業界生態，這些文件是我的事。
例如，「Standards for a Specialty Occupation Position」這項，我要自己去搜集資料，找到在業界約當公司規模、約當年營業額的公司，一般都有此一職位的需求、且都有雇用「學士」的限制。要我幫忙找參考點，沒問題，因為這是我的案件我責無旁貸，但若把此一責任全推到我身上，跟我想像中「交由律師全權辦理」實在差很遠。
重點是，我沒有辦「H1B」案件的經驗，我實在不懂該如何「包裝」我的案件才能一解移民官的疑慮、進而核准我的案件。這麼重要的問題，難道不是我之所以求助專業律師的起始點嗎？
所以，不知有沒有人認識願意半途接手的專辦工作簽證律師，願意急件幫我處理這些文件？需要補件的十點列在本文最後，謝謝。
唉，收到「RFE」通知真是晴天霹靂，有種不祥的預兆，心情好沈重
。也許，光輝的十月，就得打包行李回台灣。-------------------------------------------------------------------------------------------------
Request For Evidence:
1. Job Description:
Please provide a detailed job description, including:
-- Job duties;
-- percentage of time to be spent on each duty;
--explain how the work done requires the services of a person who has a college degree;
2. Petitioner's Organizational Chart:
--The petitioner's line and block organizational chart showing its hierarchy and staffing levels (see Sample I for your reference). The chart should include the current names of all executives, managers, supervisors, and employees within each department or subdivision. Clearly identify the beneficiary's (your) position in the chart. List all employees by name and job title.
3. Standards for a Specialty Occupation Position:
Please provide one of the following information:
--the degree requirement is common to the industry in parallel positions among similar organizations (i.e. organizations with 80 employees);
--provide evidence that the position of Credit Analyst is a common position required by similarly sized offices with similar annual incomes. Also provide evidence that the petitioner’s competitors normally require degree in a specific specialty for closely related positions to that of Credit Analyst.
-- provide evidence to establish a degree requirement is common to the industry in parallel position among similar organizations, for example, job listings or advertisement.
4. Position Announcement:
Please provide the following information:
--Copies of the employer's present and past job vacancy announcements; for example, newspaper classified advertisements soliciting for the current position; in-house posting (see attached Sample II for your reference), or internet advertisement. The advertisement must show that the employer requires its applicants to have a minimum of a bachelor or higher degree.
5. Past Employment practices:
Please provide the following information:
--Evidence to show that the employer has a past practice of hiring persons with a bachelor degree, or higher, to perform the duties of the proffered position;
--List number of persons employed in similar positions; indicate how many of those person have a bachelor degree or higher and the particular field of study in which the degree was attained. (see attached Sample III for your reference)
--Documentation should include copies of transcripts and pay records or Quarterly Wage Reports for the employees claimed to hold a bachelor degree in the specific field of study.
6. Petitioner's Products or Services:
Please provide the following information:
-- Explain what differentiates the petitioner's products or services from others in the industry and why it requires a bachelor level of study to perform the duties of the position.
-- Provide documentary examples of the petitioner's products or services (i.e. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc.)
7. Nature of the Petitioner's Business:
Please provide the following information:
--provide a clear comparison and /or contrast of the operational complexity of the petitioner's business with other business in the industry or to the norm of other position in the field;
--provide documentary examples such as press releases, business plans, promotional materials, advertisements, patents, critical reviews, articles, photographs of prototypes, etc that substantiate claims of complexity and specialization above that experienced in the industry or the field.
8. Federal Income Taxes:
--provide signed copies of the petitioner's filed Federal Income taxes. The copies of the tax returns should include Forms 1120, 2220, 4562, 5472, and 1065 with all required schedules and statements, as appropriate, for the years: 2007 and 2008.
9. Business Licenses:
- -Provide copies of the company's current valid city, county, state and federal government business licenses.
10. Company Profile:
Please provide the following documents/information:
--Detailed description about the petitioner’s business organization;
--copies of company brochures, pamphlets, internet website, and any other printed work published by the employer which outlines, in detail, the products or services provided by its company.
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