When USCIS finds one problem with an H-1B petition, they typically find more. One red flag leads to a close scrutiny of the case and this leads to complex RFEs like the Double, Triple, and Nightmare RFEs.
The Double RFE that has become overwhelmingly common since 2017 takes issue with wage level and specialty occupation and beneficiaries making level one wages are hit the hardest. Computer programmers have been particularly vulnerable to this RFE as well.
Here is the reasoning for this RFE:
USCIS makes the wrong assumption that because a job is set at level one wages it is an entry level position. Then, if the entry-level position for the H-1B job does not ALWAYS require a US bachelor’s degree or higher for entry they assume that the job is not a specialty occupation or the wage level is not set at the prevailing wage for the job. Of course, USCIS does not pick either or for the RFE; they choose both.
Luckily, you can answer both with one expert opinion letter. The expert must have extensive experience working in the field of the H-1B job and have experience making hiring decisions regarding this position and similar positions. This expert must have a full understanding of the industry and be able to articulate the skills required for this position and how they are obtained through the completion of at least a bachelor’s program. This expert must also articulate how wage level decisions are made. The more information the petitioner can provide about the job and the factors that went into determining the wage level for this specific employee the better.
To answer this RFE, you must show that the wage level was set appropriately for the position and the employee. This could mean a reduced wage level because college education was recently completed but actual work experience in the field is minimal or non-existent. You must also show that one of four specialty occupation requirements are met:
- A US bachelor’s degree or higher or its equivalent in the field of the specialty occupation is a minimum requirement for the position.
- A US bachelor’s degree or higher or its equivalent in the field of the specialty occupation is the minimum requirement for parallel positions at similar companies in the industry.
- The employer has a documented past practice of requiring an employee hired to this position to hold a minimum of a US bachelor’s degree or higher or its equivalent.
- This particular position is uniquely specialized as to require the employee to hold a minimum of a US bachelor’s degree or higher or its equivalent to perform its duties.
This requires a detailed breakdown of the duties and responsibilities of the job, the skills required to perform them, and how these skills are learned through attainment of a US bachelor’s degree in the field of the H-1B job. We recommend choosing two of these requirements, one of them being the fourth option that show how this position is uniquely specialized in and of itself.
At CCI TheDegreePeople.com we work with the RIGHT kind of experts in every H-1B field who can write opinion letters that address both wage level and specialty occupation issues in one letter.
For a free review of your case visit www.ccifree.com. We will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.