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APPROVED: Case Study How to Answer the Level 1 Wage RFE

[email protected]/ • LCA • Beneficiary’s Resume and Educational Documents • Employer Support Letter • Detailed Job Description and Job Duties • The RFE We will get back to you in 48 hours or less with a full analysis of your case, or your employee or client’s case, and, if we can help you, information on prices and how to order.]]>

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Level 1 Wages RFE: Problems, Solutions, and Prevention for Next Year

Here are the main problems with this RFE:

• The Occupational Outlook Handbook ALSO states that employers normally require entry level computer programmers to hold a US Bachelor’s degree as a minimum requirement for the job.

• Being paid Level 1 Wages does NOT mean it is an entry level position. That’s not how wage levels are calculated. In many cases, the reason these specialized jobs are set at Level 1 Wages is because the employees that hold them are recent college graduates with little to no work experience in the field and therefore require a high level of supervision and guidance. The H1B program is an incentive for college students to come to the United States for school in that it allows them to remain in the country working jobs that require their Bachelor’s degree after they graduate. This RFE is a hindrance to this incentive.

When it comes to the Level 1 Wages RFE, CIS is simply wrong. However, it’s still up to CIS who’s visa is approved and who’s is not. So what can we do? We need to point out these problems in the RFE response, and also include expert opinion letters that explain the specialization of the job and how wage levels are actually calculated, as well as documentation that shows the job is specialized to meet CIS requirements for the H1B visa. This includes the ad for the job and similar jobs for similar companies to show that a minimum of a Bachelor’s degree is required, as well as the part of the Occupational Outlook Handbook that states employers normally require a Bachelor’s degree or higher for entry level computer programmers. This is a heavy burden of proof, and you will need help.

At TheDegreePeople.com, we have seen a 90% success rate in answering the Level 1 Wages RFE. To have us review your case at no charge or obligation, please submit the following documents to [email protected]:

• LCA

• The Beneficiary’s Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• The RFE

We will get back to you in 48 hours or less with a full analysis and, if we can help you, costs and instructions on how to utilize our services.

The Level 1 Wages RFE is just another RFE that we now need to learn how to answer now, and how to prevent next year.

In his informational video H1B RFE for Wage Level 1 for Computer Programmers, American Visa Law Group Managing Attorney Hasan Abdullah explains, “Well, obviously very simple: go with Wage Level 2 if you can. If you can’t go with Wage Level 2, maybe you want to try a different occupation. […] Some occupations are prone to RFEs on whether or not it’s a specialty occupation.”

There are jobs like Computer Systems Analysis that are notorious for being a target for RFEs. If this is the route you choose to take next year, be sure to consult with a credential evaluator who works with H1B RFEs so you don’t end up just walking right into another RFE while trying to avoid this one.

Level 1 Wages RFE: Problems, Solutions, and Prevention for Next Year Read More »

Approved! The Feared Level 1 Wage RFE!

1. Level 1 Wage does not mean entry level job. Many jobs that require more education than an entry level job would – including computer programming – require a lot of supervision and training on the part of the employer.  Recent college graduates coming into the workforce with a Bachelor’s degree but little to no work experience need to be supervised and trained to apply the specialized skills and knowledge they learned in school to the work environment.  That’s why jobs that meet H1B education requirements can be met at Level 1 Wages: employers need to do extra work to help new hires make the transition from college into the work force. 2. The OOH also states most employers require a US Bachelor’s degree for entry level computer programmers. That’s right, the same source that CIS uses to justify this RFE also states that the norm is for employers to meet H1B requirements for entry level computer programming positions anyway.  Although it does state that some employers will hire to this position with only a US Associate’s degree, it also states that in most cases a US Bachelor’s degree is required, even for jobs at entry level.  We can use these problems with this RFE to help you or your employee or client gain ground in the RFE response to strengthen their case.  When it comes to this employment issue RFE, CIS is simply wrong.  However, CIS is still the gatekeeper to H1B visa status, and it’s up to us to overturn these RFEs and set the record straight.  This is not an easy task, but at TheDegreePeople.com we have a 90% success rate when answering these RFEs. To have us review your case, or your employee or client’s case at no charge or obligation, please send the following documents to [email protected]/ • LCA • Beneficiary’s resume and educational documents • Employer support letter • A detailed job description outlining the duties of the position • The RFE We will get back to you in 48 hours or less with a full analysis and, if we can help you, details on pricing and directions on how to order.]]>

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The Double RFE

ccifree.com/ and let us help you overturn the Double Employment Issue RFE. At just a slightly higher cost of just one issue per letter, our experts can handle the entire RFE in one expert opinion letter that addresses both issues in this RFE. This will save you time, money, and peace of mind.]]>

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Overturning the RFE for Specialty Occupation

It’s RFE season and CIS is coming down especially hard on “borderline” occupations this year. These are jobs that don’t necessarily require a US bachelor’s degree or its equivalent or higher according the the US Department of Labor’s Occupational Outlook Handbook (OOH). Some borderline jobs include management positions, certain computer and tech positions, certain healthcare occupations, and other jobs that vary in specialization based on the individual circumstances of the unique job itself. When an employer fills out the Labor Conditions Application, they must choose the employee’s occupation from the OOH. This selection is used by CIS to determine the prevailing wage the H1B employee must be paid. Employers of H1B candidates with borderline jobs can choose a job from the OOH that emphasizes a central aspect of the occupation that requires a US bachelor’s degree or its equivalency or higher. This is where three problems arise that result in some very serious RFEs: First, most jobs don’t meet the duties and responsibilities outlined in occupations in the OOH 100%. This is a vulnerability CIS takes advantage of to issue an RFE. Second, when employers do this, the job on the petition does not match the job on the LCA. Third, the wages employers are paying their H1B workers is called into question because the wages being paid to the H1B worker is not the same as the wage level as stated for the occupation in the OOH. These are very serious RFEs. Does this mean employees with borderline occupations are out of luck this RFE season? No, but it requires answering the RFE with a lot of evidence, documentation, citations, and analysis. The goal is either to prove that this particular occupation is uniquely specialized as to require an advanced degree, or that the candidate’s degree equivalency meets the educational requirements stated for the OOH job indicated on the LCA. Don’t try to answer this RFE alone. This is not something you can do without help from experts in international education, the details of H1B educational requirements, and CIS approval trends, and is familiar with the various OOH/ONET positions and their requirements. While there are no guarantees with CIS, at TheDegreePeople.com, our experts have been able to overturn these RFEs with a 100% success rate. Visit http://ccifree.com/ and let us help you solve your RFE dilemma.]]>

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