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Credential Evaluation

Who's Fault was the Level 1 Wages RFE?

Credential Evaluation, Immigration

In the past few years, the prevalence of RFEs for H1B visas has skyrocketed.  This year, the RFE that caught us all off guard was the Level 1 Wages RFE that targets computer programmers.

But whose fault was that RFE?  Someone dropped the ball and figuring out who did it is essential to solving the problem.

Sometimes it’s no one’s fault.  This year, no one saw the Level 1 Wages RFE coming.  The H1B petition could be perfectly filed taking into consideration all of the classic RFE preemptive measures we’ve learned from the past few years and you, or your employee or client could still have run into problems.

Sometimes it’s the fault of CIS.  The Level 1 Wages RFE is the fault of CIS.  To justify this RFE, CIS cites a passage from the Occupational Outlook Handbook that states entry level computer programmers are sometimes hired with only a US Associates degree.  This does not meet H1B specialization requirements.  However, this wrongly assumes that jobs set at Level 1 Wages are always entry level positions, which is not the case.  It also ignore a passage from the same book in the same section that states that usually employers require entry level computer programmers to have a US Bachelors degree as a minimum requirement.  Even though this RFE is the fault of CIS, you still have to answer it.

Sometimes it’s the employer’s fault.  If the job can be set at Level 2 Wages, or the job duties can fit a different occupation that doesn’t run the risk of the Level 1 Wages RFE, employers should work with the attorney and credential evaluator to determine what occupation and wage level to indicate on the LCA.  Keep in mind that the occupation must be consistent across all documents involved in the overall H1B petition.  Having a different occupation indicated on the LCA than on the petition itself is a huge RFE magnet.

Sometimes it’s the evaluator’s fault, sometimes it’s the fault of the candidate.  In the case of the Level 1 Wages RFE, it’s come down to the question of specialization of the job itself.  To answer this RFE, you, or your employee or client will need an expert opinion letter addressing the misconceptions about wage levels and the job’s degree of specialization.  Including a detailed credential evaluation in the response to preempt any resulting questions about whether or not your employee or client has the specialized education to perform the duties of the job in question.

To have us review your case, or your client or employee’s case at no charge and no obligation, please send the following documents to [email protected]:

• LCA

• Beneficiary resume and educational documents

• Employer support letter

• Detailed job description

• RFE

We will get back to you in 48 hours or less with a full analysis of your case, or your client or employee’s case and our suggestions of how to move forward in your response.

Who's Fault was the Level 1 Wages RFE? Read More »

H1B Support: How to Answer the Level 1 Wages RFE

Credential Evaluation, Immigration

In the past decade, the prevalence of RFEs for H1B visas has skyrocketed and CIS has become evermore particular about the same two eligibility requirements.

To qualify for the H1B visa, a candidate’s job must require a US Bachelors degree or higher or its US equivalent, and the candidate must have those academic qualifications.

As competition for the same number of annual visas exploded, so too did the RFEs.  This year, CIS introduced a new RFE that targets computer programmers at Level 1 Wages, a significant segment of the H1B candidacy.

If you or your employee or client received this RFE, it means that CIS has used an isolated passage in the US Department of Labor’s Occupational Outlook Handbook to justify not approving the visa.  This passage states that sometimes employers will hire entry level computer programmers with only a US Associates degree.  The problem is, this same passage states that employers usually require a minimum of a US Bachelors degree for this position.  At the same time, wage levels don’t actually work like this and just because an employee starts at Level 1 Wages doesn’t mean it’s an entry level job.  That’s not how wage levels work.

To answer this RFE, you or your employee or client will need an expert opinion letter and supporting documents and analysis that shows that the job is specialized to meet CIS qualifications.

You will also need to go an extra step to make sure all of your bases are covered.  When RFEs get muddled, difficult, and seemingly impossible, the best solution is to go back to the original H1B requirements.

In your response, you will need to make sure the candidate clearly meets H1B educational requirements, holding a US Bachelors degree or higher or its equivalent in the exact field of the H1B job.  Depending on the candidate’s educational background and degree, this may require a credential evaluation that fills in the gaps between the education and CIS educational requirements and approval trends.

For a no charge and no obligation review of the case, please send the following documents to [email protected]:

• LCA

• Beneficiary resume and educational documents

• Detailed description of the job and its duties

• Employer support letter

• RFE

We will get back to you within 48 hours with a full review of the case and our recommendations for how to respond.

H1B Support: How to Answer the Level 1 Wages RFE Read More »

3 Pro Tips to Successfully Answer the Level 1 Wages H1B RFE

Credential Evaluation, Immigration

At TheDegreePeople, we see difficult RFEs come across our desks every year. This year, CIS rolled out a new RFE, the Level 1 Wages RFE, that has everyone panicking. No one saw it coming, and it’s arrived in unprecedented numbers.

First, it’s important to understand how the Level 1 Wages RFE is justified. CIS cites a passage in the Department of Labor’s Occupational Outlook Handbook that it uses to determine what jobs meet H1B specialization requirements. This passage states that some employers will hire entry level computer programmers with only a US Associates degree. To meet H1B qualifications, a job must require a minimum of a US Bachelors degree or higher. This is the justification CIS uses to rationalize that computer programmers working at Level 1 Wages are working entry level jobs that don’t require a specialized skill set and knowledge base that meet CIS specialization requirements.

There are two main problems here. 1) That same passage states that employers usually require a US Bachelors degree for entry level computer programmers, and 2) just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position.

Here’s what you do:

  1. Show CIS that the job is not an entry level position. This requires documentation including the ad for the job, a detailed job description, comparisions to similar positions for similar companies in that geographic region, and more.
  2. Include an expert opinion letter in the RFE response. This also requires an expert opinion letter debunking the reasoning CIS gives for assuming the job is entry level.
  3. Before you submit an RFE response, make sure that the entire case is reviewed to address the Level 1 Wages RFE, and preempt a second round of RFEs.

The Level 1 Wages RFE is the hot RFE of the year, but this does not mean that other common RFEs are on hold for this season. In fact, we’ve seen that candidates who fail to preempt other RFEs in their response have been getting hit with more common RFEs.

There are certain jobs, certain degrees, and certain situations that are RFE magnets. That’s why it’s important to resist getting distracted by this new RFE and remember that there is an entire petition to strengthen and defend.

For a no charge and no obligation review of your case, or your employee or client’s entire case, please send the following documents to [email protected]:

• LCA

• Beneficiary resume and educational documents

• Detailed description of the job and its duties

• Employer support letter

• RFE

We will get back to you within 48 hours with a full review of the case and our recommendations for how to respond.

3 Pro Tips to Successfully Answer the Level 1 Wages H1B RFE Read More »

How to Answer a Level 1 Wages RFE and Preempt the Rest

Credential Evaluation, Immigration

The justification for this RFE is that entry level computer programmers are sometimes hired with only an Associates degree, which doesn’t meet CIS requirements for educational or occupational specialization. CIS cites the Occupational Outlook Handbook for this claim. In the same passage, however, it states that this is rare and in most cases a Bachelors degree is required.

The second problem with this RFE is that in its justification CIS assumes that Level 1 Wages means that the job is entry level. This is not how wage levels work. College graduates with Bachelors degrees just entering the field of computer programming are often set at Level 1 Wages because without on-the-job experience, these employees with highly specialized skills and knowledge still require a high level of supervision and guidance.

However, neither of these factors will stop CIS from issuing this difficult RFE, and they’re coming out in unprecedented numbers.

In answering this RFE, many H1B candiates are getting hit with a second round of RFEs for classic issues we have seen for years like the three-year Bachelors degree RFE and mismatched education.

The solution is to successfully answer the Level 1 Wages RFE and in doing so preempt the second round of RFEs. At TheDegreePeople.com, we review our clients’ entire case to address any issues that may present themselves for a second round of RFEs. Certain degrees and jobs are RFE magnets, and we have worked with all of them.

To answer the Level 1 Wages RFE, you or your employee or client will need an expert opinion letter and documentation to prove that their H1B job requires the level of specialization and education necessary to meet CIS requirements for the H1B visa: a US Bachelors degree or higher or its foreign equivalent in the field of the H1B job.

For a no charge and no obligation review of your case, or your employee or client’s case, please send the following documents to [email protected]

• LCA

• Beneficiary’s resume and educational documents

• Employer Support Letter

• Detailed job description outlining its duties and responsibilities

• RFE

We will get back to you within 48 hours with a full review of the case and, if we can help you, information on how to move forward.

How to Answer a Level 1 Wages RFE and Preempt the Rest Read More »

Don't Get Distracted by the Level 1 Wages RFE!

Credential Evaluation, Immigration

Candidates who received an RFE for Level 1 Wages and answered it perfectly are now getting hit with another round of RFEs.  In fact, this year we’ve seen round two of RFEs bring up some old favorites like the three-year bachelor’s degree RFE, and the occupational specialization RFE, and the mismatched education RFE.

While RFEs are common, they are not desirable because they give CIS an opportunity to closely scrutinize the candidate’s petition and pick up on minute inconsistencies, mistakes, or details that would otherwise fly under the radar.  The silver lining to an RFE is it gives candidates a chance to strengthen their case, but only if it’s done correctly.

At TheDegreePeople.com, when we answer one RFE, we take that opportunity to prevent more by reviewing the candidate’s entire case.  If you or your employee or client has a three-year bachelor’s degree, or a degree with a major that is not an exact match for the H1B job, we can include a credential evaluation that uses progressive work experience to fill in the gaps between the candidate’s education and job.  If you or your employee or client holds a degree or a job that tends to be an RFE magnet, we address the specific issues involved in the initial RFE response along with the expert opinion letter for Level 1 Wages.

Don’t wait for a second RFE to address it.  Have us review the entire case before you file a response to make sure you pre-empt any future hindrances to H1B visa approval.

To have us review your case, or your employee or client’s case at no charge and no obligation, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job

• RFE

We will get back to you in 48 hours or less with a full review of the case, our recommendations, and information on how to move forward.

Don't Get Distracted by the Level 1 Wages RFE! Read More »

Level 1 Wages RFE: The Most Difficult RFE of the Year – OVERTURNED!

Credential Evaluation, Immigration

The problem is, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  In fact, the same passage in the Occupational Outlook Handbook also states that most employers require entry level programmers to hold a Bachelors degree as a minimum requirement.  Since the H1B program attracts foreign students who come to the United States for college, they graduate with Bachelors degrees and enter the workforce as computer programmers with little to no on the job experience.  They have the education, but need guidance and supervision when they enter into the work environment.  For this reason, wages are often set at Level 1 Wages even though the benficiary’s job and education are both highly specialized.

In addition to all of this, the same passage in the Occupational Outlook Handbook CIS cites to justify this RFE also says that in most cases employers require entry level computer programmers to have earned a Bachelors degree as a minimum requirement.

CIS is wrong about this RFE on many levels, and it’s on us to answer them.  Just like the Nightmare RFE, the Level 1 Wages RFE is tricky, but far from impossible.  It just takes in-depth understanding of CIS approval trends and precedents, occupational specialization, a whole lot of evidence, and a creative approach.

At TheDegreePeople.com, we have had a 90% success rate in answering the Level 1 Wages RFE.  For a no charge and no obligation review of your case or your employee or client’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

Level 1 Wages RFE: The Most Difficult RFE of the Year – OVERTURNED! Read More »

How to Beat the Level 1 Wages RFE

Credential Evaluation, Immigration

This year, CIS targeted computer programmers across the country petitioning for H1B visa status with the Level 1 Wages RFE.  In this RFE, CIS states that the job of computer programmers at Level 1 Wages is not adequately specialized to meet H1B occupational requirements.

H1B visas are reserved for foreign workers with US Bachelors degrees or higher or their equivalent to work jobs that require this level of education.  This visa program attracts bright students from around the world to come study in the United States with the opportunity to stay in the country after graduation to work without having to necessarily pursue a Green Card, and also has this same incentive for foreign nationals who went to school outside of the United States. We need to answer this RFE to keep this bright students and professionals in our industries.

According to a passage CIS cites in the US Department of Labor’s Occupational Outlook Handbook – the source primarily used to evaluate the specialization of any given job – some employers will hire entry level computer programmers with US Associates degrees.  This does not meet CIS specialization requirements for the job, and beneficiaries with only this education level do not meet H1B educational requirements.  CIS has been using this reasoning to justify these damaging RFEs.

There are two main problems with this RFE:

1. Just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position.

2. In that same passage CIS cites to justify this RFE, it’s also stated that most employers actually do require a Bachelors degree as a minimum for entry level computer programmer positions.

Answering this RFE, however, requires more than CIS being wrong.

At TheDegreePeople.com, we have had a 90% success rate answering the Level 1 Wages RFE.  We have experts on hand to thoroughly research, document, and write the opinion letter you, or your employee or client needs to get this RFE overturned.

For a no charge and no obligation review of your case, or your employee or client’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

How to Beat the Level 1 Wages RFE Read More »

Level 1 Wages RFE: The New Nightmare

Credential Evaluation, Immigration

Until this year, the scariest RFE out there was The Nightmare RFE, also known as the Kitchen Sink because there’s literally everything in it.  This year, CIS rolled out an even more difficult RFE: the Level 1 Wages RFE, targeting computer programmers.  What’s scary about this RFE is the sheer volume of it, how nobody saw it coming, and very few know how to effectively answer it.

As with the Nightmare, we took a creative approach at TheDegreePeople.com.  We have a 90% success rate answering the Level 1 Wages RFE, and have experts on hand 24 hours a day, seven days a week to write the expert opinion letter you need to address this RFE.

Before we get into how to answer this RFE, let’s take a look at how CIS is justifying it and where they’ve gone wrong.

To qualify for H1B visa status, the candidate must hold a US Bachelors degree or higher or its equivalent in their field of employ, and the job must have a minimum requirement of a US Bachelors degree or higher or its equivalent to be able to perform the duties of the job.

CIS has been issuing this RFE to candidates working computer programmer jobs at Level 1 Wages, as indicated by the employer on the LCA.  CIS uses the US Department of Labor’s Occupational Outlook Handbook as a resource to determine whether or not a job meets specialization requirements for the H1B visa.  In this RFE, CIS cites the passage in the handbook that states some employers will hire entry level computer programmers with only a US Associates degree, which does not meet H1B specialization requirements.

The first problem here is that CIS assumes that just because an employee is being paid Level 1 Wages the position is entry level.  This is not the case.  A major function of the H1B visa program is to provide work opportunities for recent college graduates who came to the United States for college.  Even with a Bachelors in Computer Sciences or a related field, employees with no work experience in the field need a high level of guidance and supervision, necessitating a low wage level.

Second, in that same section in the Occupational Outlook Handbook CIS uses to justify this RFE, it also states that employers usually require a US Bachelors degree as a minimum requirement for entry level computer programmer positions.

There has been talk of how to prevent this RFE in the future, but in many cases it is impossible.  Employers can select a different job than computer programmer, but this will often result in a different RFE because the job description they indicate on the LCA will not match the duties of the actual job the candidate is hired for.  The employer could also pay the candidate Level 2 Wages, but this is often not possible either.  There has been talk of preemptively submitting an expert opinion letter along with the initial H1B petition, but this is far more complex than submitting a credential evaluation along with the initial petition, which has been an effective strategy to avoid the Nightmare RFE.

The reality is, to answer this RFE, you’re going to need help.

To have us review your case, or your employee or client’s case at no charge and no obligation, please send the following documents to [email protected]:

• The LCA

• 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 of the case.  If we can help you, we will also send information about costs and how to order.

Level 1 Wages RFE: The New Nightmare Read More »

How to Successfully Address the Level 1 Wages RFE

Case Studies, Credential Evaluation, Immigration

The first step to getting the Level 1 Wage RFE overturned is to ask for help. This is a difficult RFE that caught us all offguard, but our experts at TheDegreePeople.com have been able to get them overturned with a 90% success rate.

CIS started coming down hard on computer programmers petitioning for H1B visa status at Level 1 Wages this year. The number of RFEs coming in is nothing short of insanity. The reasoning behind this is that CIS equates Level 1 Wages with the job being an entry level position. According to the Occupational Outlook Handbook, some employers will hire entry level programmers with an Associates degree. This does not meet H1B requirements for having earned a US Bachelors degree or higher, or its equivalent. For the first time, computer programmers are receiving RFEs for this situation that claim their job does not meet H1B requirements for specialization.

CIS makes a wrongful assumption with this RFE, and that is that Level 1 Wages means the job is an entry level position. Many college graduates come into the workforce with a Bachelors degree and little work experience, so even though they have the specialized skills and knowledge, they need guidance in applying what they’ve learned in school to the work environment. Since these highly skilled workers need more supervision and guidance, they are often paid Level 1 Wages.

A big reason the H1B program exists is to attract bright students to the United States for college with the incentive of being able to stay and work after graduation. The H1B program allows foreign graduates of US colleges and universities to do this, and this new RFE is a major hindrance to this incentive to fortify US industries. We need to stand up to CIS and overturn these RFEs.

If you, or your employee or client received a Level 1 Wages RFE, let us help you. For a no charge and no obligation review of the case, please send 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

• RFE

We will get back to you in 48 hours or less with a full analysis of the case case. If we can help you, we will also send information about how to order.

How to Successfully Address the Level 1 Wages RFE Read More »

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

Credential Evaluation, Immigration

The short answer: get help!  This is the most difficult RFE we’ve seen in many years, and definitely the most widespread.  The sheer volume of Level 1 Wage RFEs pouring in from CIS onto H1B candidates is insanity.  It is more important than ever that we take a stand and answer these RFEs for the sake of the H1B program, US STEM industries, and to continue to attract bright students to the United States for college and grad school.  We have our work cut out for us.

This RFE targets computer programmers, citing text from the Occupational Outlook Handbook which states sometimes employers will hire entry level programmers with only a US Associates degree.  Candidates in this situation run into trouble because H1B educational requirements state the candidate must hold a US Bachelors degree or its equivalent or higher to qualify, and that for the H1B job to qualify as adequately specialized for this visa classification, it must have a minimum requirement of a US Bachelors degree or higher in that field.

There are two main problems with the reasoning for this RFE:

1. Wage levels don’t work like that.  Just because an employee is paid level 1 wage doesn’t mean that it’s an entry-level job.  There are many factors involved.

2. Most employers require a US Bachelors degree minimum for entry level computer programmers. One of the main purposes of the H1B program is to attract bright students to the United States for college by creating the opportunity to stay in the country under H1B status having earned their US Bachelors degree.  However, just because an employee has a degree doesn’t mean they have work experience in the field.  New hires with advanced degrees have the skills and knowledge necessary to enter the field, but lack the applied experience necessary to start working without a significant amount of supervision and guidance.  These are the candidates working at Level 1 Wage that this RFE hits hardest.

Both of these points and more need to be articulated, backed up by documentation and evidence in expert opinion letters to overturn this RFE.  At TheDegreePeople.com, we have experts on hand 24/7 ready to write the letter to answer your client’s RFE.  We have had a 90% success rate with these RFEs.  It takes extensive experience working with H1B RFEs, vigilance of CIS approval trends, in-depth understanding of international education and H1B visa requirements, and some creativity.

For a no charge and no obligation review of your case, please send the following documents to [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.

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

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