It's no secret that USCIS is scrutinizing H1B visa applications a bit more aggressively than they have in the past. According to USCIS, the top reason for denial is the inability to establish that the position is a specialty occupation; it's more important than ever to ensure applications are submitted with strong evidence to increase the likelihood of approvals and avoid RFE (requests for evidence), which can prolong the process and prove costly to sponsoring employers.
Specific types of requests for evidence that arise consist of: the employer demonstrating an employer employee relationship and right of control over the beneficiary/future employee; whether there is sufficient evidence of the specialty occupation work at a third-party work site; and whether the position is a specialty occupation.
We typically recommend our client/corporations where there is a request for evidence related to the employer employee relationship to provide: employment contract, past performance reviews, time sheets, among other evidence. In order to demonstrate the existence of contracts at the third-party work site, we recommend to provide: work orders, master consulting agreements, and vendor contracts. In terms of specialty occupation request for evidence, sometimes we recommend providing an expert opinion, in addition to job postings among other evidence.