雇佣条款 Term of Employment
在H1b申请过程中需要向USCIS HO(H1b Officer)提交雇佣条款Term of Employment，也就是同学常说的Offer Letter。这个文件是你和雇主之间的正式协议，详细说明了你在公司工作的条件和条款。
雇佣条款示例
下面是一份H1b软件开发工程师的雇佣条款示例。请根据自己的实际情况进行修改。
Software Developer Terms of Employment
The intended period of employment in this position offered under H-1B is three (3) years on a full-time basis, from 10/01/2034 to 09/30/2037. We understand the temporary scope of Mr Donald Trump’s employment and have informed him or her of this condition in their employment with us. He or she will be compensated at $88,000.00 per hour. Atomeocean has the ability to pay this compensation.
Besides, the Beneficiary will perform his or her temporary professional services at Santa Clara, CA, USA, 95051, which is the Beneficiary’s residence.
受益人工作地点
远程工作员工写在家办公，工作地点是受益人居住地。
Notably, due to the nature of the job duties of our Software Engineer, which focuses on design and develop new software applications and system infrastructure using object-oriented programming languages such as Java, Python, C++ and Golang that would meet the company’s business needs, develop and execute comprehensive test plans, perform regular maintenance and updates on the website, monitor system performance, troubleshoot issues, and implement fixes to ensure optimal operation, rovide technical support to customers and other internal team users, stay updated with the latest industry trends, technologies, and best practice, maintained and improved database management system embedded with the company’s backend servers, contributing to the scalability and stability of the large distributed storage system for users’ secure data, create web development visualizations, dashboards, and reports, plan and conduct A/B tests to evaluate the impact of changes or new features in Web 3.0 applications and then analyzing the results to make feature-driven recommendations for improvements, analyze user behavior data to gain insights into how users interact with Web 3.0 applications and ensuring that data-driven solutions are scalable to accommodate growing data volumes and user interactions in Web 3.0 applications, the Beneficiary is able to work from home.
Certainly, the Beneficiary will report directly to Atomeocean’s supervisor on a daily basis through electronic methods, such as phone, email, and meeting software. Moreover, Atomeocean will be solely responsible for planning the Beneficiary’s workload and productivity goals and will directly monitor the Beneficiary’s work and career progress.
The Beneficiary will use equipment, supplies, systems and resources provided or paid for by Atomeocean in the execution of or her daily activities. Also, Atomeocean will have sole authority to take personnel actions related to the Beneficiary.
Finally, if there are any adjustments in the Beneficiary’s workplace, Atomeocean will file the necessary paperwork with the USCIS, such as Form I-129 Amendment and Form AR 11 for the Beneficiary.
Employer-Employee Relationship
Please note that Atomeocean will be the actual employer of the Beneficiary. We are not acting as an agent performing the function of an employer, nor are we an agent acting as a representative for multiple employers. Atomeocean will be the direct employer of the Beneficiary, with complete authority to hire, promote, and terminate her.
We will exercise substantial authority over the day-to-day execution of their job duties. The Beneficiary will be supervised by the leader, and our company will file a tax return listing the Beneficiary as an employee under W-2.
We will also provide all the equipment needed for the performance of her work. Thus, there is an employer-employee relationship.
Wage Level
We selected Mr Donald Trump’s proffered $65.04 per hour salary by first consulting the OFLC Online Data Center prevailing wage levels for Software Engineers in the California Santa Clara County area and then by consulting the U.S. Department of Labor Prevailing Wage Determination Policy Guidance (Revised 2009) (“Wage Guidance”) to see which wage level should be used.
We followed the Wage Guidance’s instructions for selecting the appropriate wage level (Appendix A of the Wage Guidance) and found that the education requirement for our proffered Software Engineer (i.e., Bachelor’s Degree) was as equal to the typical requirements for such positions. We also saw that our experience requirements for the proffered position (i.e., no previous experience needed) are less than the typical requirements for Software Engineers. In addition, we do not require any special certifications or licenses, and the proffered position does not involve the supervision of others.
For these reasons, the instructions in Appendix A of the Wage Guidance showed that a Level I wage would be appropriate for the proffered position, which the OFLC Online Data Center reports is $65.04 per hour. However, based on Mr Donald Trump’s academic and professional background, we decided to offer a $65.04 per hour salary to Mr Donald Trump, which is more than the Level I wage reported by OFLC Online Data Center.
Sufficient Specialty Occupation Work Immediately Available
As a dynamic enterprise in the Web 3.0 sector, Atomeocean is encountering intense competition. To maintain and enhance our market position, we are in immediate need of a Software Engineer who can harness software engineering principles to innovate and improve our Web 3.0 applications, ensuring they are robust, scalable, and ahead of industry standards.
The Software Engineer will be expected to engage in the following specialty occupation tasks: Developing and refining algorithms that underpin the functionality of our Web 3.0 applications, ensuring they deliver efficient, targeted results. Writing clean, scalable, and efficient code in appropriate programming languages such as JavaScript, Python, or Rust, particularly focusing on blockchain technologies.
Collaborating with cross-functional teams to define, design, and ship new features as per the emerging demands of the market. Enhancing application performance, including detailed database schema design and backend development, optimizing both data storage and retrieval processes.
Implementing security protocols necessary for Web 3.0 technologies, ensuring data integrity and protection against potential threats.
Utilizing modern development tools and methodologies such as DevOps practices, continuous integration, and continuous deployment (CI/CD) pipelines to streamline development and deployment processes.
Conducting code reviews, unit testing, and system diagnostics to ensure software quality and reliability. Staying abreast of new trends and best practices in web development, especially within the blockchain domain.
Please note that those above are just some examples of specialty occupation works immediately available for our Software Engineer and do not represent all of them.
There are no questions that we have sufficient specialty occupation work immediately available to the Beneficiary.
Employer Attestations
We hereby attest that we will provide Mr Donald Trump with current employment and that we currently have a continued need for his or her services. We further certify that we will pay all reasonable costs of transportation home to China in the event that Mr Donald Trump’s services are terminated by us.
We also attest that we are a well-established, viable United States organization and that we maintain and will maintain all documentation, including prevailing, actual and required wage information, a notice of posting, LCA, and supporting documentation; and we will abide by all terms and conditions of the regulations of the Department of Labor and USCIS.
By virtue of the professional nature of the employment, Mr Donald Trump’s qualifications, work experience, and our need for his or her services, we respectfully request that the petition be approved.
If you have any questions in processing this case, please feel free to contact the undersigned.
示例要点点评
该雇佣条款示例较好体现了H1B申请所需的以下核心要素：
- 雇佣关系明确性：突出雇主对雇员的实际控制权（工作安排、设备提供、人事权限），明确W-2雇佣形式
- 薪资合规性：详细展示时薪计算依据（引用OFLC标准工资等级I），强调高于现行工资标准
- 职位专业性：通过具体技术栈（Java/Python/C++/Golang）和职责描述（系统开发、测试维护、数据分析等）证明符合specialty occupation要求
- 工作持续性：明确3年雇佣期，承诺充足的专业性工作内容（列举7项具体开发任务）
- 法律合规承诺：包含LCA备案、文件保存、离职遣返费用等关键条款
- 远程工作合规：详细说明居家办公安排（汇报方式、设备来源、工作监督机制）
- 地址一致性：工作地点与受益人住址明确对应（Santa Clara具体地址）
