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wage level 1 rfe

Dealing with the Level 1 Wages RFE this Year and Next

Credential Evaluation, immigration, Visa Approvals

[email protected]: • LCA • Beneficiary’s Resume and Educational Documents • Employer Support Letter • Detailed Job Description • RFE We will get back to you in 48 hours or less with a full review of the case and our recommendations on what to do next. As we’re wrapping up RFE season, we’re coming right up on filing season.  While we won’t know whether preventative measures will work for this RFE until next RFE season, there are some steps you can take to reduce the risk of dealing with the Level 1 Wages RFE again.  If the job can be set at Level 2 Wages, or the job title can be classified as a different occupation, including these changes in the petition and on the LCA may help prevent the Level 1 Wages RFE.  Remember, the LCA and the petition must be consistent, so whatever you enter in the LCA must be the same in the petition.  The job title must match the job description, so it’s important to be very careful when taking this preemptive measure.  We can consult with you on this.  If can also be helpful to include an expert opinion letter from an RFE response in the initial petition to clear up the misconception about Level 1 Wages and entry level positions from the start. To preempt RFEs that we have seen coming in after having answered the Level 1 Wages RFE, it’s always a good idea to include a thorough credential evaluation in the initial H1B petition to close any gaps between your or your employee or client’s education and their H1B job.  Foreign degrees, incomplete or nonexistent college education, and generalized degrees or degrees in specializations that are not an exact match for the job title all require credential evaluations to clearly show CIS that the education meets H1B requirements.  If you’re not sure whether you or your employee or client meets H1B educational requirements, let us review the case before you file in April.]]>

Who's Fault was the Level 1 Wages RFE?

Credential Evaluation, immigration

Sometimes it’s no one’s fault.  This year, no one saw the Level 1 Wages RFE coming.  The H1B petition could be perfectly filed taking into consideration all of the classic RFE preemptive measures we’ve learned from the past few years and you, or your employee or client could still have run into problems. Sometimes it’s the fault of CIS.  The Level 1 Wages RFE is the fault of CIS.  To justify this RFE, CIS cites a passage from the Occupational Outlook Handbook that states entry level computer programmers are sometimes hired with only a US Associates degree.  This does not meet H1B specialization requirements.  However, this wrongly assumes that jobs set at Level 1 Wages are always entry level positions, which is not the case.  It also ignore a passage from the same book in the same section that states that usually employers require entry level computer programmers to have a US Bachelors degree as a minimum requirement.  Even though this RFE is the fault of CIS, you still have to answer it. Sometimes it’s the employer’s fault.  If the job can be set at Level 2 Wages, or the job duties can fit a different occupation that doesn’t run the risk of the Level 1 Wages RFE, employers should work with the attorney and credential evaluator to determine what occupation and wage level to indicate on the LCA.  Keep in mind that the occupation must be consistent across all documents involved in the overall H1B petition.  Having a different occupation indicated on the LCA than on the petition itself is a huge RFE magnet. Sometimes it’s the evaluator’s fault, sometimes it’s the fault of the candidate.  In the case of the Level 1 Wages RFE, it’s come down to the question of specialization of the job itself.  To answer this RFE, you, or your employee or client will need an expert opinion letter addressing the misconceptions about wage levels and the job’s degree of specialization.  Including a detailed credential evaluation in the response to preempt any resulting questions about whether or not your employee or client has the specialized education to perform the duties of the job in question. To have us review your case, or your client or employee’s case at no charge and no obligation, please send the following documents to [email protected]: • LCA • Beneficiary resume and educational documents • Employer support letter • Detailed job description • RFE We will get back to you in 48 hours or less with a full analysis of your case, or your client or employee’s case and our suggestions of how to move forward in your response.]]>

3 Pro Tips to Successfully Answer the Level 1 Wages H1B RFE

Credential Evaluation, immigration

  • Show CIS that the job is not an entry level position. This requires documentation including the ad for the job, a detailed job description, comparisions to similar positions for similar companies in that geographic region, and more.
  • Include an expert opinion letter in the RFE response. This also requires an expert opinion letter debunking the reasoning CIS gives for assuming the job is entry level.
  • Before you submit an RFE response, make sure that the entire case is reviewed to address the Level 1 Wages RFE, and preempt a second round of RFEs.
    • The Level 1 Wages RFE is the hot RFE of the year, but this does not mean that other common RFEs are on hold for this season. In fact, we’ve seen that candidates who fail to preempt other RFEs in their response have been getting hit with more common RFEs. There are certain jobs, certain degrees, and certain situations that are RFE magnets. That’s why it’s important to resist getting distracted by this new RFE and remember that there is an entire petition to strengthen and defend. For a no charge and no obligation review of your case, or your employee or client’s entire case, please send the following documents to [email protected]: • LCA • Beneficiary resume and educational documents • Detailed description of the job and its duties • Employer support letter • RFE We will get back to you within 48 hours with a full review of the case and our recommendations for how to respond.]]>

    How to Answer a Level 1 Wages RFE and Preempt the Rest

    Credential Evaluation, immigration

    For a no charge and no obligation review of your case, or your employee or client’s case, please send the following documents to [email protected]/ • LCA • Beneficiary’s resume and educational documents • Employer Support Letter • Detailed job description outlining its duties and responsibilities • RFE 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.]]>

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