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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.]]>

    Specialty Occupation RFE: Know the Job Inside and Out

  • CIS assumes that because the job is set at level 1 wages it is entry level.
  • According to the US Department of Labor’s Occupational Outlook Handbook entry level computer programmers are sometimes hired with only a US associates degree, which falls short of H1B educational requirements for a specialty occupation.
  • This RFE was based on two misconceptions. First, just because a job is set at level 1 wages doesn’t mean it’s entry level. Determining the wage level for any given position is complex, involving a great number of factors. Second, while some employers will hire entry level programmers with only an associate’s degree, this is the exception for the position, not the norm. The exception should not make the rule for determining whether an entire occupation meets specialization requirements. While this job got the most grief last season, any job can be met with a specialty occupation RFE. To answer this RFE, you need to know the job in question inside and out, far better than CIS does. That means knowing the passage in the Occupational Outlook Handbook, having the ad for the job documented that shows its minimum educational requirements, and having documentation of the requirements for similar jobs in similar companies in the industry. You also need documentation of the employer’s past hiring practices with regards to educational requirements for this job. If this job is uniquely specialized and requires an advanced degree to perform its duties even though similar jobs in similar companies in the industry don’t require an advanced degree, you will need to clearly and thoroughly explain why this is the case. Both the employer and an expert who can add weight to the argument with an expert opinion letter need to offer detailed explanations. If you, or your employee or client receives a specialty occupation RFE, you will need an expert opinion letter to fortify your case. We have experts on hand with the highest rate of success in answering these RFEs. For a free review of your case, visit ccifree.com/. We will get back to you in 48 hours or less.]]>

    H1B Specialty Occupation RFEs: How to Prove Specialization

  • While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree.
  • Some employers will hire employees for this position without a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement.
  • The wage level set for this particular job is misleading. This was the case with computer programmers making level 1 wages that set off the string of RFEs last season. Just because a job is set at level 1 wages doesn’t mean it’s an entry level position – there are many factors that go into determining wage levels.
  • If you, or your employee or client receives a Specialty Occupation RFE, make sure to thoroughly read the passage from the Occupational Outlook Handbook about your client’s job to see if the discrepancy that triggered the RFE is in the text. Then, you will need to provide evidence that this job requires an advanced degree. Evidence includes the ad for the job and ads for the same job in similar companies with in the industry that shows the degree requirements. You can also include evidence that the employer in question has a consistent history of hiring employees to this position with this advanced degree as a minimum requirement. In addition to this evidence, you will also need an expert opinion letter that backs up the evidence provided. At TheDegreePeople, we work with experts who have the highest rate of success in answering Specialty Occupation RFEs. For a free review of your case, visit ccifree.com/ We have experts on hand to help you 24/7.]]>

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