H1B Support: How to Answer a Wage Level RFE Plus Specialty Occupation

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When CIS finds one problem with an H1B petition, they tend to find more. This year’s RFE trend we are seeing is wage level issues and specialty occupation issues going hand in hand to form a very difficult RFE to answer.

Here’s how it works:

CIS uses the US Department of Labor’s Occupational Outlook Handbook to reference each job in question. First, the actual job description is rarely an exact match for the entry, which CIS can use to justify the RFE. Second, often wage levels differ from the degree and experience level indicated in the entry because of the particular circumstances of the job. Third, sometimes the entry will include that not all employers require an advanced degree to perform the job.

These are three major triggers of this double RFE. To answer it, you need to be able to provide detailed evidence that the job in question requires an advanced degree as a minimum requirement to perform. This must include a detailed breakdown of the duties, tasks, and responsibilities of the job. You will also need to provide evidence that past hiring practices show that the employer typically requires an advanced degree when hiring or this position. Include the ad for the job and ads for the same job in the industry in similar companies to show that an advanced degree is an industry standard minimum requirement.

You will also need to thoroughly explain all of the factors that went into setting the wage level. To tie it all together, you will need an expert opinion letter that covers both wage level and specialty occupation issues.

At TheDegreePeople we work with difficult RFEs every year. Last year, our experts had the highest rate of success in writing the opinion letters that get these RFEs overturned. We also take steps to prevent a second round of RFEs when answering the first. 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