Need Help?
Message Sheila D, Executive Director with any questions
9544405599

wage level rfe

Effective Now: Memorandum Lets Adjudicators Deny Petitions without NOID or RFE

Credential Evaluation, immigration, Visa Approvals

th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE. Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that the case would be approved.  Now, adjudicators have broader discretion to flat out deny petitions. CIS says that the purpose of this memorandum is to deter “placeholder” petitions, which are incomplete petitions with vague answers that are later clarified in RFE responses.  Adjudicators can now deny these cases flat out.  Some examples include petitions submitted without supporting evidence or severely lacking in supporting evidence, petitions submitted with questions left unanswered, and petitions that require additional official documents or evidence but are submitted without them. While this amendment sounds alarming, in theory it really doesn’t change much for petitioners.  From what we can tell at TheDegreePeople, reports of issue have been exaggerated.  It has always been generally advised for petitioners of all visas to submit complete petitions, on time, with all supporting evidence and documentation included.  In this sense, nothing has actually changed when it comes to optimizing your chances of visa approval. However, laws on the books are different from laws in action.  To see the full scope of how this new memorandum will change visa approval, we will have to wait and see how it all plays out with USCIS.  In the meantime, it’s now more important than ever that you get the petition right the first time.  That means identifying where CIS is likely to have questions about your case and providing any additional evidence they will need before they have to ask for it. At TheDegreePeople, we have been working with RFEs for years and follow CIS approval trends.  The best way to answer an RFE now, as it has always been, is to prevent it in the first place.  Visit TheDegreePeople.com to chat with us about your case. Have you encountered issues with this new memorandum?  We want to hear about it!  Comment here to post your opinions and experiences regarding this matter.      ]]>

Wage Level and Specialty Occupation RFEs: Who Dropped the Ball?

Credential Evaluation, immigration, Visa Approvals

Sometimes it’s the employer’s fault.If the job indicated by the employer on the LCA does not match the position on the H1B petition, or if the job indicated on the LCA is in the “other” category, or doesn’t match the duties of the actual position, or if the wage level set does not clearly meet the prevailing wage for the job, that means the employer is at fault. Consistent answers across forms is essential. If the job in question differs from the duties and responsibilities, or differs from the wage level indicated in the entry for the position in the Occupational Outlook Handbook, the petition needs to clearly explain how these differences fit within the requirements of H1B visa status.

Sometimes it’s the beneficiary’s fault.Sometimes beneficiaries don’t actually have the correct degree for the H1B job. Sometimes mistranslated educational documents, diplomas that are mistaken for degrees, and other issues that arise my virtue of hiring across cultures and educational structures hinder the approval process.

Sometimes it’s the evaluator’s fault.If you or your employee or client has education from outside of the United States or a degree that is not an exact match for the H1B job, a credential evaluation is needed to fill in the gaps with a close evaluation of the course content and work experience with regards to the job in question, and specific H1B eligibility requirements. If the credential evaluator relied on online databases like EDGE to write the evaluation, or if the credential evaluator did not ask about the job or the visa, chances are the evaluation did not address all of the questions CIS must answer to approve the visa.

Sometimes it’s no one’s fault. CIS approval trends change every year, which makes it difficult to predict what they will hone in on next. Sometimes mistakes are made on the bureaucratic end and you receive an RFE for evidence clearly provided in the initial H1B petition. If this is the case, you still have to answer it.

It’s important to note that finding out who dropped the ball doesn’t have to be about pointing fingers or condemning a member of the H1B team. The key here is to find out how to solve the problem of the RFE and get it overturned.

At TheDegreePeople we work with difficult RFEs every year, and we always find creative solutions to even the most complex and convoluted RFEs. Let us help you. For a free review of your case, or your employee or client’s case, visit ccifree.com.. We will get back to you in 48 hours or less.]]>

3 Tips to Answering the Double Specialty Occupation and Wage Level H1B RFE

Credential Evaluation, immigration, Visa Approvals

  • The job in question must require a US bachelor’s degree or higher or its equivalent to meet specialization requirements.
  • The employer must pay the H1B employee the prevailing wage for that position, in that industry, in that geographical location for companies of that size.
    • This double RFE occurs when CIS believes a wage level is set too low for the job in question. Then, it goes a step further, reasoning that if the wage level is set below the prevailing wage, the job must not actually be as specialized as it needs to be for visa approval. For example, computer programmers making level 1 wages ran into trouble last year because the US Department of Labor’s Occupational Outlook Handbook states entry level computer programmers are sometimes hired with only a US associate’s degree. They reasoned that because of this, the job computer programmer at level 1 wages did not meet the H1B specialization requirement of needing a US bachelor’s degree or higher or its equivalent as a minimum for entry into the position. Either that, or the wage level is set too low. While this job in particular was the target of an unprecedented number of double RFEs last year, it wasn’t the only position called into question using this justification. There are two problems with CIS’ reasoning with this RFE.
    1. If most employers require a minimum of a US bachelor’s degree or its equivalent for entry into the position, this ought to be seen as an industry standard even though some employers don’t have this hiring practice.
    2. There are many factors that go into determining the wage level of a job. The fact that a job is set at level 1 wages doesn’t mean it’s necessarily an entry level position.
    How can you answer the Specialty Occupation and Wage Level Double RFE?
    1. Avoid it in the first place. If a job can be set at a higher wage level that better fits the position in the Occupational Outlook Handbook that meets H1B requirements, go with that. It’s also a good idea to provide extra documentation explaining the duties of the job, the level of supervision and training required, and the factors that went into determining the wage level.
    2. Include an expert opinion letter in your RFE response.Your additional evidence needs to include an expert opinion letter that explains why the wage level and the job meet H1B requirements to strengthen your case, give it more legitimacy, and clearly explain to CIS what’s really going on.
    3. Just ONE letter to cover both issues.You only need to order one expert opinion letter to answer this RFE, even though there are two issues. Just one letter can cover both topics, and should because these issues are inextricably linked in this RFE.
    At TheDegreePeople, we have experts on hand 24/7 with the highest rate of getting these RFEs overturned ready to write the letter you, or your employee or client needs to get that double RFE overturned. For a free review of your case and consultation, visit ccifree.com and we will get back to you in 48 hours or less.]]>

    Specialty Occupation and Wage Level H1B RFEs: Who Dropped the Ball?

    Credential Evaluation, immigration, Visa Approvals

    st, but these mistakes have far-reaching consequences. Maybe your team didn’t provide enough detailed evidence regarding the duties and responsibilities of the job in question. Whatever the reason for the RFE, it’s important that you identify where the case is lacking in evidence, whose job it is to provide it, and fix it. At TheDegreePeople, we work with difficult RFEs every year. We can help you identify what went wrong and how to fix it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.]]>

    Scroll to Top