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

  • 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?

    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.]]>

    Case Study: H1B Specialty Occupation RFE – OVERTURNED

  • A position being set at level 1 wages does not mean it is an entry level position. There are many factors that go into determining what wage level a position is set at.
  • Most employers require a minimum of a bachelor’s degree for this position, and that is what the standard SHOULD be for determining the overall level of specialization for a given position. The norm, not the exception, should define the rule.
  • With an expert opinion letter from TheDegreePeople, the RFE was overturned and our client’s visa was approved. If you, or your employee or client receives a Specialty Occupation RFE, let us help you. Visit ccifree.com/. We will get back to you in 48 hours or less with a no-charge and no-obligation review of your case.]]>

    H1B Support: Answering the Double Wage Level and Specialty Occupation RFE

      Last year, we saw wage level issues and specialty occupation issues go hand in hand in common H1B RFEs.  This year, we expect to see them again. To meet H1B eligibility requirements, the job in question must require a minimum of a US bachelor’s degree for entry into the position, and the H1B employee must make the prevailing wage for the position in the industry for companies of that size in that geographical location.  If either of these aspects are lacking in evidence, CIS will issue an RFE. Some common problems that trigger an RFE include: • The job usually but does not ALWAYS require a minimum of an advanced degree. • This job is particularly complex as to require an advanced degree even though it is not an industry standard. • CIS wrongly assumes that the wage level indicates the job is not specialized.  This is especially the case with jobs set at Level 1 Wages. • CIS wrongly assumes that the wage level is set too low for the complexity of the job. You will need to provide thorough documentation supporting the specialization of this job, and you will need to explain all of the factors that went into determining its wage level.  You will also need to include an expert opinion letter in your response that fortifies your evidence that the job and wage level meet H1B requirements. At TheDegreePeople, we have experts on hand with the highest rate of success in responding to RFEs 24/7 to write the expert opinion letter you, or your employee or client needs to get that double RFE overturned.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.]]>

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