The Level 1 Wages RFE is the Nightmare RFE of this year. In this RFE, CIS targets computer programmers petitioning for H1B status with jobs set at Level 1 Wages.
The justification for this RFE is that entry level computer programmers are sometimes hired with only an Associates degree, which doesn’t meet CIS requirements for educational or occupational specialization. CIS cites the Occupational Outlook Handbook for this claim. In the same passage, however, it states that this is rare and in most cases a Bachelors degree is required.
The second problem with this RFE is that in its justification CIS assumes that Level 1 Wages means that the job is entry level. This is not how wage levels work. College graduates with Bachelors degrees just entering the field of computer programming are often set at Level 1 Wages because without on-the-job experience, these employees with highly specialized skills and knowledge still require a high level of supervision and guidance.
However, neither of these factors will stop CIS from issuing this difficult RFE, and they’re coming out in unprecedented numbers.
In answering this RFE, many H1B candiates are getting hit with a second round of RFEs for classic issues we have seen for years like the three-year Bachelors degree RFE and mismatched education.
The solution is to successfully answer the Level 1 Wages RFE and in doing so preempt the second round of RFEs. At TheDegreePeople.com, we review our clients’ entire case to address any issues that may present themselves for a second round of RFEs. Certain degrees and jobs are RFE magnets, and we have worked with all of them.
To answer the Level 1 Wages RFE, you or your employee or client will need an expert opinion letter and documentation to prove that their H1B job requires the level of specialization and education necessary to meet CIS requirements for the H1B visa: a US Bachelors degree or higher or its foreign equivalent in the field of the H1B job.
For a no charge and no obligation review of your case, or your employee or client’s case, please send the following documents to firstname.lastname@example.org/
• Beneficiary’s resume and educational documents
• Employer Support Letter
• Detailed job description outlining its duties and responsibilities
We will get back to you within 48 hours with a full review of the case and, if we can help you, information on how to move forward.
This article was written by Rebecca Little