Wage Level Issue RFEs and Denials frequently occur for H-1B positions classified at Level 1 Wages. This challenge emerges through a two-step process: H-1B visas are designated for foreign nationals in specialty occupations requiring a bachelor’s degree or higher as the minimum qualification to perform the job. Simultaneously, H-1B employers must pay H-1B employees the prevailing wage for their position. When positions are classified at Level 1 Wages, USCIS often assumes the role is entry-level, which may not consistently require a bachelor’s degree minimum, or suspects the employer is underpaying the H-1B employee.
Computer Programmers Face Heightened Scrutiny
Computer programmers experience the most significant impact from this issue, frequently receiving double RFEs that require addressing both specialty occupation and wage level concerns simultaneously. This trend began when USCIS stopped automatically approving H-1B visas for positions that normally but not always required a bachelor’s degree as the minimum educational requirement. The change affected programmers particularly hard because these professionals historically experienced no difficulty with visa approvals.
Understanding the Wage Level Challenge
The fundamental shift occurred when USCIS began interpreting H-1B specialty occupation requirements more strictly. While the law states that positions must normally require at least a U.S. bachelor’s degree or equivalent, USCIS started adjudicating this as “always,” making exceptions the new standard for approval. This interpretation created significant obstacles for computer programmers and similar positions, especially those classified at wage level one.
Prevention and Response Strategies
To prevent or respond to wage level issue RFEs, TheDegreePeople.com recommends providing a detailed breakdown of factors that determined the wage level classification. This documentation should include wage levels for identical positions within the industry and geographical location. A crucial factor in justifying lower starting wage levels involves recognizing that the H-1B visa program was designed to attract foreign students to U.S. schools by offering opportunities to remain in the United States after graduation for specialty occupation work under dual-intent visa status.
Many H-1B employees possess the required degree for their position but lack sufficient work experience to perform duties without extensive training and supervision. This reality directly influences wage level one determinations and must be clearly documented.
Expert Opinion Letter Requirements
All supporting evidence must be accompanied by an expert opinion letter written by a professional with extensive field experience in the H-1B job area. The expert’s background should include hiring employees for the position in question and similar roles, adding analysis and credibility to justify the wage level determination. USCIS will not accept expert opinion letters from professionals who are solely instructors or educators in the field. The expert must demonstrate substantial field experience for USCIS to accept their opinion and approve the visa.
Proactive Documentation Approach
For positions classified at level one wages, TheDegreePeople.com advises including comprehensive documentation with the initial petition to prevent RFEs or denials. This proactive approach should include evidence demonstrating that the particular position is uniquely specialized and requires a bachelor’s degree minimum to perform the duties and responsibilities. Additional documentation should feature job advertisements showing bachelor’s degree requirements and advertisements for similar positions at comparable companies. Proof of past employer hiring practices further strengthens the case.
Strategic Case Preparation
TheDegreePeople.com emphasizes the importance of working with experts who have at least ten years of experience in the H-1B job field. Ideally, these experts have held positions of authority involving hiring decisions for the position in question and supporting roles that required employees to possess specific skills and knowledge for operational success. This comprehensive approach helps establish the specialized nature of the position and justifies the wage level determination.
Final Thoughts
Successfully addressing wage level issue RFEs requires strategic documentation and expert analysis that clearly establishes the specialized nature of the position while justifying the wage level classification. TheDegreePeople.com’s experience in handling these challenging cases provides applicants with the expertise needed to overcome USCIS scrutiny and achieve successful outcomes.
About Sheila Danzig
Sheila Danzig is the executive director of TheDegreePeople.com and a leading expert in foreign degree evaluations. She is widely recognized for her innovative approach to difficult cases, helping thousands of clients successfully obtain visa approvals even when facing RFEs or denials. Her expertise in USCIS requirements and commitment to providing personalized, effective solutions make her a trusted resource for professionals navigating the immigration process.
Get a Free Review of Your Case
If you’ve received an RFE, don’t wait. Sheila Danzig and TheDegreePeople.com offer a free review of your case to determine the best course of action. Our expertise has helped thousands of professionals, including H-1B applicants, secure approvals even in challenging cases.
To get your free case review, visit www.ccifree.com today. Don’t let an RFE stand in your way—get the expert help you need to strengthen your petition and move forward with confidence.