The first step to getting the Level 1 Wage RFE overturned is to ask for help. This is a difficult RFE that caught us all offguard, but our experts at TheDegreePeople.com have been able to get them overturned with a 90% success rate.
CIS started coming down hard on computer programmers petitioning for H1B visa status at Level 1 Wages this year. The number of RFEs coming in is nothing short of insanity. The reasoning behind this is that CIS equates Level 1 Wages with the job being an entry level position. According to the Occupational Outlook Handbook, some employers will hire entry level programmers with an Associates degree. This does not meet H1B requirements for having earned a US Bachelors degree or higher, or its equivalent. For the first time, computer programmers are receiving RFEs for this situation that claim their job does not meet H1B requirements for specialization.
CIS makes a wrongful assumption with this RFE, and that is that Level 1 Wages means the job is an entry level position. Many college graduates come into the workforce with a Bachelors degree and little work experience, so even though they have the specialized skills and knowledge, they need guidance in applying what they’ve learned in school to the work environment. Since these highly skilled workers need more supervision and guidance, they are often paid Level 1 Wages.
A big reason the H1B program exists is to attract bright students to the United States for college with the incentive of being able to stay and work after graduation. The H1B program allows foreign graduates of US colleges and universities to do this, and this new RFE is a major hindrance to this incentive to fortify US industries. We need to stand up to CIS and overturn these RFEs.
If you, or your employee or client received a Level 1 Wages RFE, let us help you. For a no charge and no obligation review of the case, please send the following documents to email@example.com:
• The Beneficiary’s Resume and Educational Documents
• Employer Support Letter
• Detailed Description of the Job and its Duties
We will get back to you in 48 hours or less with a full analysis of the case case. If we can help you, we will also send information about how to order.
This article was written by Rebecca Little