Level 1 Wages RFE: The Most Difficult RFE of the Year – OVERTURNED!

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This RFE has everyone panicked and stumped.  This year, CIS specifically targeted computer programmers working for Level 1 Wages.  They justify this decision by citing a passage from the Occupational Outlook Handbook stating some employers hire computer programmers with an Associates degree as the prerequisite.  This does not meet H1B specialization requirements that state a job must require a Bachelors degree or higher.

The problem is, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  In fact, the same passage in the Occupational Outlook Handbook also states that most employers require entry level programmers to hold a Bachelors degree as a minimum requirement.  Since the H1B program attracts foreign students who come to the United States for college, they graduate with Bachelors degrees and enter the workforce as computer programmers with little to no on the job experience.  They have the education, but need guidance and supervision when they enter into the work environment.  For this reason, wages are often set at Level 1 Wages even though the benficiary’s job and education are both highly specialized.

In addition to all of this, the same passage in the Occupational Outlook Handbook CIS cites to justify this RFE also says that in most cases employers require entry level computer programmers to have earned a Bachelors degree as a minimum requirement.

CIS is wrong about this RFE on many levels, and it’s on us to answer them.  Just like the Nightmare RFE, the Level 1 Wages RFE is tricky, but far from impossible.  It just takes in-depth understanding of CIS approval trends and precedents, occupational specialization, a whole lot of evidence, and a creative approach.

At TheDegreePeople.com, we have had a 90% success rate in answering the Level 1 Wages RFE.  For a no charge and no obligation review of your case or your employee or client’s case, please send the following documents to 246@cci123.com:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

This article was written by Rebecca Little

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