Employment issues are this year’s justification for the slew of RFEs CIS issued targeting computer programmers applying for H1B visa status.
The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level 1 Wages will not qualify because entry level computer programmers only need an Associate’s degree while H1B status requires a US Bachelor’s degree or higher or its foreign equivalent. They are using this justification to issue RFEs instead of approvals to these candidates.
Here’s the problem: Just because an employee is making Level 1 Wages doesn’t mean it’s an entry level job. That’s not how wage levels work.
The other problem is that CIS cites the Department of Labor’s Occupational Outlook Handbook where it states that some employers will hire entry level computer programmers at Level 1 Wages. This same section also states that usually an employer will require a Bachelor’s degree. CIS only uses part of the whole statement to justify pidgeonholing an entire segment of the H1B candidacy.
The March Memo signaled a complete change in the way CIS views and deals with Wage Level 1 computer programmers. CIS is wrong and it’s up to all of us to stand up to them. Here’s how: successfully answer the RFE!
At TheDegreePeople.com, we have had 90% success in answering Employment Issue RFEs this year. We have experts on hand who can write detailed, well-documented opinion letters that show the job is specialized to H1B standards and that the wage level does not equate to the degree of specialization.
If you or your employee or client received an employment issue RFE, we can help. Simply go to ccifree.com/ for a free consultation.
This article was written by Rebecca Little