When CIS finds one problem, they usually find another. Last year, we saw wage level issues and specialty occupation issues go hand in hand in common H1B RFEs. This year, we expect to see them again.
To meet H1B eligibility requirements, the job in question must require a minimum of a US bachelor’s degree for entry into the position, and the H1B employee must make the prevailing wage for the position in the industry for companies of that size in that geographical location. If either of these aspects are lacking in evidence, CIS will issue an RFE.
Some common problems that trigger an RFE include:
• The job usually but does not ALWAYS require a minimum of an advanced degree.
• This job is particularly complex as to require an advanced degree even though it is not an industry standard.
• CIS wrongly assumes that the wage level indicates the job is not specialized. This is especially the case with jobs set at Level 1 Wages.
• CIS wrongly assumes that the wage level is set too low for the complexity of the job.
You will need to provide thorough documentation supporting the specialization of this job, and you will need to explain all of the factors that went into determining its wage level. You will also need to include an expert opinion letter in your response that fortifies your evidence that the job and wage level meet H1B requirements.
At TheDegreePeople, we have experts on hand with the highest rate of success in responding to RFEs 24/7 to write the expert opinion letter you, or your employee or client needs to get that double RFE overturned. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.
This article was written by Rebecca Little