Master prompt
H-1B I-129 supporting statement — specialty occupation + beneficiary + employer-employee
Supporting statement (employer letter) accompanying H-1B I-129 petition — specialty occupation analysis under 8 CFR 214.2(h)(4)(iii), beneficiary qualifications, employer-employee relationship.
USH-1BI-129Specialty occupationUSCIS8 CFR 214.2(h)Employer letter
Draft the supporting statement (employer letter) accompanying [EMPLOYER_NAME]'s Form I-129 H-1B petition on behalf of beneficiary [BENEFICIARY_NAME] for the position of [JOB_TITLE] (SOC [JOB_SOC_CODE]). Petition type: [PETITION_TYPE].
Reply with ONLY this line and nothing else: "Question 1 of 7: confirm the H-1B cap status — is this a cap-subject new employment (FY2027 cap with March 2026 registration selection), a cap-exempt institution petition (university / nonprofit research / government research), a cap-exempt extension of an already-counted H-1B, or a change of employer?"
DO ask each intake question separately. DO NOT draft until all 7 answers received. DO NOT preface with pleasantries.
INTAKE QUESTIONS:
Q1: Cap status confirmed.
Q2: LCA (ETA-9035) approved? Posting / notification compliance complete?
Q3: Beneficiary currently in or outside the US? Current status?
Q4: Third-party placement (end client)? Itinerary required under 8 CFR 214.2(h)(2)(i)(B)?
Q5: Any prior denials, RFEs, NOIDs for this beneficiary at any employer?
Q6: Premium processing requested?
Q7: Concurrent dependents on H-4 (spouse, children under 21)?
CASE OVERVIEW
- Employer: [EMPLOYER_NAME] (FEIN [EMPLOYER_FEIN])
- Address: [EMPLOYER_ADDRESS]
- Size: [EMPLOYER_SIZE]
- Beneficiary: [BENEFICIARY_NAME]
- Qualifying degree: [BENEFICIARY_DEGREE]
- Position: [JOB_TITLE]
- SOC: [JOB_SOC_CODE]
- Duties: [JOB_DUTIES]
- Wage: [WAGE_LEVEL]
- Worksite: [WORK_LOCATION]
- Petition type: [PETITION_TYPE]
§1 — LEGAL FRAMEWORK (drafter's internal frame — do NOT recite verbatim in the letter)
Three core requirements under 8 CFR 214.2(h)(4):
(a) The POSITION qualifies as a "specialty occupation" under 8 CFR 214.2(h)(4)(iii)(A). To qualify, the position must require:
(i) Theoretical and practical application of a body of highly specialized knowledge; AND
(ii) Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the US.
The position must meet one of four criteria under 8 CFR 214.2(h)(4)(iii)(A)(1)-(4):
(1) A baccalaureate or higher degree or its equivalent is normally the minimum entry requirement.
(2) The degree requirement is common to the industry in parallel positions among similar organizations OR the particular position is so complex/unique that it can be performed only by an individual with a degree.
(3) The employer normally requires a degree or its equivalent for the position.
(4) The nature of the specific duties is so specialized and complex that knowledge required is usually associated with attainment of a baccalaureate or higher degree.
(b) The BENEFICIARY is qualified under 8 CFR 214.2(h)(4)(iii)(C):
(i) Holds the US baccalaureate or higher degree required by the specialty occupation; OR
(ii) Holds the foreign degree equivalent; OR
(iii) Holds an unrestricted state license / registration / certification authorizing full practice in the specialty; OR
(iv) Has education, specialized training, and/or progressively responsible experience equivalent to a US baccalaureate in the specialty (the "3-for-1" rule: 3 years of progressive specialty experience may substitute for each missing year of college).
(c) The PETITIONER maintains an employer-employee relationship under 8 CFR 214.2(h)(4)(ii) — the "Defensor / Neufeld" analysis especially scrutinized for IT services / staffing-model employers:
- Right to hire, fire, supervise, and control the work
- Whose tools, whose deliverables, whose performance reviews
- Whose work product, whose IP
- W-2 employment (not 1099)
§2 — LETTER STRUCTURE (target length: 4-8 pages for a standard case; up to 12 pages for complex third-party placement)
Letterhead block (employer letterhead with FEIN visible):
[Date]
[Filing address from current I-129 instructions]
Re: H-1B Nonimmigrant Petition on behalf of [BENEFICIARY_NAME]
Position: [JOB_TITLE] (SOC [JOB_SOC_CODE])
LCA Case Number: [number from approved ETA-9035]
Petition type: [PETITION_TYPE]
Opening paragraph (5-7 sentences):
- Petitioner identification: "[EMPLOYER_NAME] is a [legal structure — Delaware corporation / LLC / etc.] with principal place of business at [EMPLOYER_ADDRESS], operating in the [industry], with [EMPLOYER_SIZE]."
- Brief one-line business description.
- Petition introduction: "[EMPLOYER_NAME] respectfully petitions, pursuant to INA section 101(a)(15)(H)(i)(b) and 8 CFR section 214.2(h)(4), for H-1B nonimmigrant classification of [BENEFICIARY_NAME] to fill the specialty-occupation position of [JOB_TITLE]."
- Validity period requested: 3 years (maximum initial; up to 6 years cumulative with extensions; AC21 indefinite extensions if I-140 approved and priority date retrogressed).
- Reference to the LCA already on file with US DOL.
§3 — PETITIONER (EMPLOYER) SECTION
One full section (200-300 words) establishing:
- Legal structure, year established
- Industry, business model, products / services
- Size: revenue + headcount in the US + global (if relevant)
- Ability to pay the offered wage [WAGE_LEVEL] — audited financials at Tab X
- Compliance: prior LCAs filed, prior H-1B approvals as a barometer of operational legitimacy (without overstating)
- Tax filings and good standing (state, federal)
§4 — SPECIALTY OCCUPATION ANALYSIS (the heart of the letter, 1500-2500 words)
Sub-section 4(a) — Detailed Job Description
- Restate [JOB_DUTIES] in narrative form, grouped into themes (e.g., Architecture & Design, Implementation, Leadership, Quality)
- Percentage of time per duty cluster (must sum to 100%)
- Specific technologies, methodologies, frameworks used
- Specific deliverables produced
Sub-section 4(b) — Why the Position is a Specialty Occupation — Address Each of the Four Criteria
Criterion 1 — Bachelor's degree is normally the minimum entry requirement
- Cite the US Department of Labor's Occupational Outlook Handbook (OOH) entry for SOC [JOB_SOC_CODE]
- Quote the OOH "How to Become One" section
- Cite O*NET database job-zone classification (typically Job Zone 4 for software occupations — bachelor's commonly required)
Criterion 2 — Degree requirement is common to the industry in parallel positions
- Cite 5-10 job postings from comparable employers (Google, Meta, Amazon, Microsoft, etc.) requiring a bachelor's in computer science or related specialty for parallel positions
- Industry reports / surveys (Stack Overflow Developer Survey, BLS Occupational Employment Statistics) showing degree distribution
Criterion 3 — Employer normally requires a degree for the position
- Petitioner's hiring policies showing degree requirement
- Prior hires for same position — degree credentials
- Internal job description / org chart showing position requirements
Criterion 4 — Duties are specialized and complex
- Walk through the duties at [JOB_DUTIES] explaining the specialized knowledge each requires
- Tie each duty cluster to specific coursework in computer science / engineering specialty
- Distinguish the position from non-specialty roles (e.g., this is NOT "Computer Programmer" SOC 15-1251.00 [a category USCIS often challenges] — this is "Software Developer" SOC 15-1252.00 with senior-level architectural responsibility)
Sub-section 4(c) — Defensive Pre-emption (RFE/NOID Prevention)
The most common H-1B RFE patterns from USCIS in the 2023-2026 era:
(1) "The position appears to be a Level I entry-level role that does not require specialty knowledge."
- Pre-empt by citing wage level [WAGE_LEVEL] and matching duty complexity to wage level (Level III/IV = senior, complex, supervisory components)
(2) "Computer Programmer (SOC 15-1251.00) is not categorically a specialty occupation."
- Avoid that SOC code; use 15-1252 (Software Developers) or 15-1299 (Computer Occupations, All Other) with detailed duties
(3) "Itinerary deficient for third-party placement under 8 CFR 214.2(h)(2)(i)(B)."
- Provide a detailed itinerary if [WORK_LOCATION] involves end-client placement
(4) "Employer-employee relationship inadequately established under Defensor / Neufeld."
- Provide MSA between petitioner and end-client, statement of work, supervisory chain, performance review documents, W-2 vs 1099 confirmation
(5) "Beneficiary's foreign degree not equivalent to US Bachelor's in the specific specialty."
- Provide WES / ECE evaluation specifying US-equivalent degree IN THE SPECIFIC SPECIALTY (not just "Bachelor's degree")
§5 — BENEFICIARY QUALIFICATIONS
Two-paragraph section (300-500 words):
- Education: [BENEFICIARY_DEGREE]
- Credential evaluation: WES, ECE, or similar — state issuance date, evaluator's name, equivalence finding
- Prior employment: chronological, ties to [JOB_TITLE]
- Specific skills mapping to [JOB_DUTIES]
- If using the 3-for-1 experience-substitute rule under 8 CFR 214.2(h)(4)(iii)(D), provide:
- Detailed experience letters from prior employers
- Three-step expert opinion letter from a professor at an accredited US university, evaluating progressive specialty experience
§6 — EMPLOYER-EMPLOYEE RELATIONSHIP
For in-house placement at [EMPLOYER_NAME]'s own facility:
- Standard W-2 employment, direct supervision, employer-provided tools
- Office space at [WORK_LOCATION]
- Performance review by [supervisor title]
For third-party (end-client) placement under [WORK_LOCATION] = end-client site:
- MSA between [EMPLOYER_NAME] and end-client (e.g., Google LLC)
- Statement of Work specifying the [JOB_TITLE] role
- Reporting line: beneficiary reports to [EMPLOYER_NAME] manager (NOT the end-client)
- Performance review by [EMPLOYER_NAME] (with input from end-client functional manager)
- W-2 from [EMPLOYER_NAME] (not 1099, not split-payroll, not staffing-payment-through-end-client)
- Detailed itinerary covering the entire requested validity period under 8 CFR 214.2(h)(2)(i)(B):
- Specific worksite addresses for each phase
- Specific dates per phase
- End-client name + project name for each phase
- LCA coverage for each MSA (proper amendments filed if material change in worksite)
§7 — WAGE AND BENEFITS
- Offered wage [WAGE_LEVEL] meets or exceeds the prevailing wage on the certified LCA
- Source of prevailing wage: OES wage data, year and edition cited
- Benefits package matching US workers in similar positions (health, dental, 401(k), PTO)
- Confirmation that beneficiary will be paid for non-productive time required by employer (no benching — INA section 212(n)(2)(C)(vii))
§8 — VALIDITY PERIOD AND DEPENDENTS
- Validity requested: 3 years from petition approval (cap-subject new) or remaining cap time (transfer/extension)
- Beneficiary's H-1B six-year cap: state remaining time and any AC21 §104(c) / §106(a) extensions available
- Dependents on H-4 visa: list spouse + children under 21, indicating concurrent I-539 filings if applicable
- H-4 EAD eligibility for spouse: only if principal beneficiary has approved I-140 (8 CFR 214.2(h)(9)(iv))
§9 — CONCLUSION
3-4 sentence closing:
- Restate respectful request for approval
- Note total filing fees with itemized breakdown (base, fraud detection, ACWIA, asylum program fee, public law 114-113 fee if applicable)
- Premium-processing flag (if requested via concurrent I-907)
- Counsel contact for any RFE response
§10 — INDIA-COHORT SPECIFIC NOTES
(1) Wage Level scrutiny
- Indian-cohort engineers commonly placed at Level I or II in early career — Level I has highest RFE rate (~50%+ in 2017-2020 era; lower post-2021 but still elevated)
- Prefer Level III for any senior / lead / architect role, with duty descriptions matching
(2) Three-year Bachelor's degree
- Indian B.A./B.Com/B.Sc commonly 3 years — USCIS generally requires US 4-year equivalent in specialty
- Solution: WES / ECE evaluation explicitly finding US Bachelor's equivalent in the specific specialty; OR 1 additional year of progressive specialty experience evaluated as equivalent; OR Master's degree from India or US
(3) IT services / staffing model
- Indian-origin IT services companies (Infosys, TCS, Wipro, HCL, Cognizant) face elevated Defensor scrutiny
- Provide robust MSA + SOW + reporting documentation
- If beneficiary worked at multiple end-clients in prior period, document the legitimacy of each transition
(4) Third-country degree + US Master's stacking
- Common pattern: Indian Bachelor's (3 yr) + US Master's (2 yr) — strongest profile
- State the US Master's separately as the qualifying credential; the Indian Bachelor's is secondary
§11 — OUTPUT DELIVERABLES
Produce:
(1) The full H-1B supporting statement (4-8 pages) on employer letterhead.
(2) The exhibit index with tabs for: A) LCA, B) Beneficiary degree + evaluation, C) Employer financials / W-2 / tax returns showing ability to pay, D) Job posting / O*NET / OOH excerpts for specialty occupation analysis, E) MSAs / SOWs for third-party placement (if applicable), F) Itinerary, G) Beneficiary prior experience letters, H) Photos, I) Passport biographic page, J) I-94 / prior I-797s.
(3) A 1-page itinerary for third-party placement (if [WORK_LOCATION] requires).
(4) A pre-flight RFE-prevention checklist (12 items).
OUTPUT FORMAT
Employer letterhead. Times New Roman 11pt or Arial 11pt. 1-inch margins. Signed by an officer of the petitioner with title and date. Cite the INA section + 8 CFR section the FIRST time each rule is raised; subsequent references can use short form. NO emojis. NO Indian-English idioms. Use US date format (Month DD, YYYY).
End with: "DRAFT H-1B supporting statement — for licensed US immigration attorney review. Verify LCA matches the petition on SOC code, worksite, wage, validity period before filing. Confirm I-129 edition date, current filing fees (multiple fee components changed 1-Apr-2024), and current premium-processing fee. The specialty occupation analysis (§4) is the highest-RFE-risk section — review the criteria 1-4 analysis with current AAO decisions and current Service Center pattern."Unlock the vault to see the full prompt