Job Hunting in USA on H-1B–Preferred Vendor, Direct Client and Sub Contracting

 

One of the important thing to understand is how recruitment process works in USA? Not all companies hire resources directly, in fact they outsource that work to recruitment companies who specializes in Human Resource Staffing. For example Company A, sign a contract with a recruitment Company R to channel quality Human Resources to Company A. So Company R will now become a Vendor for Company A. Company A, might also sign contract with other Recruitment Companies and based on their understanding Company A can nominate (based on the contract) which of them are Preferred Vendors.

Whether a recruitment company is a Preferred Vendor or not, it can channel human resources directly to the Company or it might delegate that work (keeping its percentage) to other recruitment companies, and that second level (up to nth level) of delegation is called Sub Contracting.

For you, an employee on H-1B Visa, it is important that you know whether:

• The recruiter you are engaged with is a Preferred Vendor or not? you should prefer those job opportunities whose recruiting company is a Preferred Vendor of the Client.
  
• Whether the Client mentioned in the job description is a Direct Client of the recruiter or is recruiter a Sub Contractor (more recruiting companies in between)? you should prefer working with those recruiters who are directly dealing with the Client, because the more the Sub Contractors involved the less the share you’ll get. Every recruitment company keeps a slice of its share from the original compensation offered by the Client against the job opportunity.

Preference Order:

1. Preferred Vendor
2. Direct Client
3. Sub Contractor

Job Hunting in USA on H-1B–Employment Types and Tax Terms

 

In USA, there are following Employment Types and/or Tax Terms:

Corp-to-Corp – Indicates that the employer would prefer to deal directly with another corporation. The main reason for this preference is to avoid some of the potential liability that might exist in dealing with an independent contractor on a 1099 basis. This would include corporations dealing directly with other corporations or corporations dealing with individuals who have incorporated.

Independent – The employer is willing to hire a temporary employee on either a 1099 or W-2 Basis.

1099 Employee – A 1099 employee is in most cases a temporary employee (technically, not even an "employee"). Because they are not permanent, they do not need to complete a W-4 or have the employer withhold taxes. They are responsible for paying their taxes directly to the IRS. The IRS requires that the employer report the earnings paid on a form 1099. The IRS would rather put the burden of tax withholding on the employer and therefore has fairly stringent rules regarding when someone can be considered a 1099 employee.

W-2 – A W-2 employee is an employee whose taxes are withheld by the employer and whose earnings are reported to the IRS at the year-end via a W-2. The W-2 employee completes a form W-4 at the beginning of their employment to instruct the employer on how to withhold taxes. This eliminates any possible issues that may arise with the IRS regarding employment status.

As an H-1B Visa holder, you should look out for job opportunities that mentions Corp to Corp (c2c).

You will notice that job posts also mentions Tax Terms. Tax Terms includes:

Full-time – Will be working as a full-time W-2 employee for the company.

Part-time – Will be working as a part-time W-2 employee for the company.

Contract - Corp-to-Corp – Will be working on contract with or through another corporation.

Contract - Independent – Will be working as a contract 1099 employee for the company.

Contract - W2 – Will be working as a contract W-2 employee for the company.

Contract to Hire - Corp-to-Corp – Will be working on contract with or through another corporation with the option to hire.

Contract to Hire - Independent – Will be working as a contract 1099 employee for the company with the option to hire.

Contract to Hire - W2 – Will be working as a contract W-2 employee for the company with the option to hire.

As an H-1B Visa holder, you should look out for job opportunities that mentions Contract – Corp-to-Corp or Contract to Hire – Corp-to-Corp.

Dice.com > Advance Search > Advance Search Options > Employment Type

The Sponsor will send the H-1B Package Documents to the Candidate

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Once your H-1B petition I-129 is approved and your Sponsor received the I-797B Approval Notice from USCIS, your sponsor will courier you, that original I-797B along with a copy of your petition which includes all documents submitted to USCIS for case approval.

The H-1B Package you will receive from your Sponsor via courier include following documents:

1. Original I-797B Approval Notice as show here
2. Copy of your H-1B Petition I-129
3. Copy of all documents which your sponsor submit along with your H-1B Petition I-129 to USCIS
   1. Copy of your Resume / CV
   2. Copy of your Degrees / Transcripts / Certificates
   3. Copy of your Passport
   4. Copy of your Education Evaluation Letter
   5. Copy of your Offer Letter with complete Job Description
   6. Copy of an official letter from Sponsor describing why you are a best fit for the job
   7. Copy of your US Itinerary
   8. Copy of any other supported documents that Sponsor has submitted to USCIS

How courier will deliver your package?

The delivery mechanism for such a package is little different from normal courier deliveries. Once the local city office receives your package, they will call you on your mobile/cell phone and confirm with you if you are expecting a package delivery from USA. Once you confirm them, they will send the rider to your location and the rider will deliver the package and get your signatures at the time of delivery.

Why Request for Evidence (RFE)?–Recent Trends

 

On a mission to eradicate fraud, USCIS is increasingly responding to petitions with burdensome Requests for Evidence (RFE). Over the past years, different trends has been observed, such as:

End Client

The USCIS recently changed the format of their Requests for Evidence (RFE) for petitions where the employee is located at a client site. In the past, the focus of these types of RFEs centered around the employer/employee relationship, but now, they have started questioning whether the position at the end-client requires a minimum of a bachelor’s degree.

These RFEs seem to be targeted at IT staffing companies because they include language that says that the record indicates the petitioner “is in the business of locating persons with computer-related backgrounds and placing these individuals in positions with firms that use such personnel to complete their projects.”

The RFEs suggest that in order to overcome USCIS's doubts, employers must provide copies of signed contracts, master agreements, work orders, statements of work, services agreements and letters between the employer and authorized officials of the ultimate end-client companies and that these documents should contain a description of the duties, the requirements for the position, salary, hours worked, benefits and a brief description of who will supervise the employee.

Education

The USCIS has in the past has placed an emphasis on education and has been issuing RFE where they are asking about:

1. Education evaluation from a reputable evaluation company. Further, if the evaluation requires a combination of education and experience to equate to either a 4 year degree or a degree that is relevant to the position, the USCIS is requiring evidence establishing the evaluator's credentials and qualifications. It is important that Sponsors who sponsor H1B applicants with foreign degrees get their evaluations from credible evaluation companies and that they submit the evidence regarding the evaluator’s credentials and qualifications.
2. How a person’s degree relates to the position. They are questioning this more frequently so it is important to verify that there is either classwork or experience that an H1B applicant can show in order to prove that their education/experience is relevant to the position that is being filed for on their behalf.

Right to Control

The USCIS continues to question an employer’s ability to control their employee when that employee is located off-site. Further, they question the employer’s employer/employee relationship and how the employer intends to maintain this while the employee is working at a client site.

These doubts have been raised since the Neufeld memo was published in 2010. An end-client letter which states that the project/assignment will last for 3 years resolves this issue, but in most cases, end-clients are hesitant to issue these types of letters as they feel that it can be construed as a contractual commitment to that consultant and their employer.

Other Notable Observations

• Although additional scrutiny has affected companies of all types and sizes, those that design and/or produce products are not nearly as hard hit as companies that provide IT services.
• USCIS is increasingly tallying and tracking cases filed by each company. Companies that file a disproportionately high number of petitions relative to its overall headcount often face more burdensome RFEs.

Quality Manager – Canadian French

Quality Manager – Canadian French

TransPerfect Translations was founded in 1992 with the following mission: to provide the highest quality language services to leading businesses worldwide. With no external financing, the TransPerfect family of companies grew from its humble beginnings as a two-person company operating in an NYU business school dorm room into the world’s third largest translation and software localization firm and one of the fastest growing, privately-held companies in the United States. With a network of over 5,000 language specialists and over 850 full-time employees in over 57 locations throughout North America, Europe, Asia, and Australia, we’re continuously ready to meet our clients’ needs, around the clock and around the world. We attribute our growth to the skill, aptitude, and commitment of our high caliber employees. Put simply, we hire the most talented candidates and give them the guidance, resources, and opportunities they need to grow their career in an expanding environment.

Department: Production

Description:

·Ensure translated documents mirror the original source document
·Efficiently maintains formal disciplined operations procedures across a variety of client projects
·Track project-specific non-conformances and resolutions
·Personally perform project QA steps
·Assist with making new department processes while improving on existing ones (improve productivity, profitability)
·Build and maintain strong relationships with contract translators, editors, and proofreaders
·Juggle overlapping projects and priorities in a fast-paced environment

Required Skills:
·Minimum Bachelor's degree or its equivalent
·Must have excellent communication (written and verbal) skills in Canadian French (native level) and English
·Ability to support multiple projects by keeping accurate and up-to-date project specs
·Excellent problem solving skills
·Ensure customer sign-off of end product
·Experience coordinating assignment of resources
·Ability to maintain professionalism in all situations, especially under tight deadlines
·Prior translation and proofreading experience preferred in Life Sciences, Marketing, and Finance.
·Experience with Trados or SDLX preferred

TransPerfect is an equal opportunity employer.

TransPerfect offers a comprehensive benefits package including: medical, dental, vision, 401k, paid time-off, company sponsored life insurance, long term disability, flexible spending account options, and a pro-active and accessible HR department that focuses on the staff’s health and happiness.

goto:www.translations.com

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