Second RFE for H1B transfer - Specialty occupation, Employer employee relationship

I wanted to ask group and you on some pointers, I got Second RFE for my H1B transfer in Employee-Vendor1-Vendor2-Client model.

What are the list of documents to be provided for following :

Right to Control

The evidence is insufficient to establish that a valid employer-employee relationship will exist for the duration of the requested validity period. You indicated that the beneficiary will work at CLIENT through middle vendor, VENDOR1.

You provided contract of services between you and VENDOR1. You did not provide copies of any contracts, work orders or statement of work between CLIENT and VENDOR1, for beneficiary to provide services to CLIENT to show that you have the right to control when, where and how beneficiary performs job.

This must be acknowledged by both the parties. We received a letter from CLIENT briefly stating that the right to control lies before VENDOR2, however this is insufficient because contract needs to be established directly by the petitioner detailing the right to hire, fire or supervise the beneficiary within the requested validity period that you also failed to provide.

Services in Specialty occupation at Third party off-site employment

You failed to provide master service agreement and the contract for services you submitted does not establish that the beneficiary will perform services in specialty occupation because there is nothing in either document indicating what beneficiary will specifically be doing for the end-client.

The master service agreement should contain general provisions specific to the beneficiary. Although I acknowledge the Business requirement document that you newly provided with the beneficiary included as a developer, it is simply a company overview not specific to beneficiary.

The evidence you provided is insufficient to establish that the beneficiary will be performing services in specialty occupation.

Hi @SDE2021

We have collected the list of documents to prove specialty occupation along with employer employee relationship. Please check.

USCIS is clearly asking you to share contractual documents between client and vendor 1 too.

Thanks @Anil.Gupta for your response. Yes I have requested vendor1 for the contract and master service agreement MSA. With regards to right to control vendor1 mentioned right to control won’t be part of MSA. But rfe is asking specifically to be in MSA. Do you think I should also have itinerary of work?

Thanks @Anil.Gupta for document list. I will definitely use it for the response I am drafting.

The itinerary is required.

The right to control the employee should also be part of the agreement between your employer and the vendor/client.