Memo

To: H-1B Employer and Prospective Foreign National Employee

From: Miller Mayer, LLP

Subject: Information Requested by INS for Petitioners that are New or Small Companies

INS now is requesting that new or small employers provide additional information in support of their H-1B petitions. To best ensure prompt approval, we should provide the type of information set forth in the standard INS request, which follows:

Please submit additional evidence establishing the factors which resulted in your business deciding to hire one or more additional employees. Such evidence may include, but is not limited to, a demonstration of your level of business activity during the recent past indicating a need to expand your workforce, evidence of anticipated increased level of business in the near future, or evidence of staff turnover which necessitates the hiring of the beneficiary.

Also, please submit a copy of your business lease, mortgage or deed to the office out of which the beneficiary will be employed. Please submit evidence of the number of workers you currently employ in the United States. Such evidence may include copies of a payroll register or copies of forms W-2 or W-3.

Please submit evidence of your firm’s level of business activity during the past year. Such evidence may include a copy of the most recent U.S. Federal Income Tax return for your business or an audited or reviewed financial statements.