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Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE

It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs. Here’s the scoop: H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor’s degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages. That’s where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements. While the rationalization behind this is that many entry level jobs do not require a US bachelor’s degree or higher or its equivalent, many professions DO require this education to gain entry to the field. At, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. To have us review your case at no charge and no obligation, please submit the following documents to [email protected] • LCA • Beneficiary’s resume and educational documents • Employer Support Letter • Detailed job description and duties • RFE We will get back o you in 48 hours or less with a full analysis and, if we can help you, the costs of this and how many to order.]]>

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