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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.

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CASE STUDY: The Biggest Nightmare RFE Out There

Credential Evaluation, Immigration

You’ve heard of the Nightmare RFE and the Double Employment Issue RFE. Get ready, because this is about to be terrifying:

This RFE season is the harshest we’ve seen yet. Now, CIS is combining these RFEs. Candidates are now having to defend against requests for evidence regarding every facet of their education AND employment issues. The Nightmare on its own is virtually impossible to answer given the time and evidence demanded. Now, it’s even worse. We could call it the Triple RFE, but the best way to approach it is as one, single, consolidated RFE.

Here’s how:

Go back to the basics. The Nightmare RFE cannot be answered by its own guidelines. Instead, at TheDegreePeople.com, we go back to the original H1B requirements and meet them impeccably. This requires a detailed credential evaluation that may include expert opinion letters, work experience conversions, citing federal case law, international education and labor agreements, and CIS precedent decisions to show that your client meets the educational requirements of both the H1B visa, and their job.

At the same time, we need to address the employment issues. These issues have had to do with whether or not the job in question is adequately specialized to meet H1B requirements. The issue arises when the job indicated on the employer’s Labor Conditions Application doesn’t meet the duties of the job indicated on the H1B petition exactly, and when the employer indicates Wage Level 1 for the H1B job. CIS contests that the job doesn’t match, and also that just because a job is at Wage Level 1 it is not specialized to the point of requiring a US Bachelor’s Degree or higher or its foreign equivalent. An expert opinion letter is needed in these cases that explains the situation, alongside documentation clearly spelling out the specialized responsibilities involved in the job. In many cases, employees start at Wage Level 1 because they are fresh out of college without much work experience, and while their job is adequately specialized, it still requires a lot of guidance and supervision.

You don’t have to address all three issues presented in the biggest Nightmare RFE out there with three separate responses. At TheDegreePeople.com, we have been able to successfully answer every one of these horrid RFEs in one fell swoop with a creative approach and an expert opinion letter that addresses both employment issues. If you’re staring down this terrifying RFE, simply go to ccifree.com and let us review your case for free.

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H1B RFE Season: How to Get Through Approved!

Immigration, Visa Approvals

It’s RFE Season!

If you receive an RFE, respond to it as soon as possible. Once you respond and CIS receives the answer, you may have to wait to find out whether or not your H1B petition was approved. You don’t have to be one of those people left in limbo. Respond ASAP and get the clock ticking.

RFEs have been on the rise for many years now, with around 25% of all H1B petitions receiving one. CIS education trends have grown much more strict, and if your bachelor’s degree is from the United States, or is in a field that is not an exact match for your H1B job, you must submit your transcripts with a credential evaluation. For degrees outside of the United States, this evaluation clearly spells out the value of your education in terms of US academic standards to write an equivalency to the degree you need for your H1B visa. This particular visa requires those who qualify to hold a US bachelor’s degree or its equivalent or higher. If your degree is in the wrong field – even if it is in a field related to your job – CIS is now issuing RFEs. In the past, you could skate on through with an approval with a degree in a related field, but since there are so many visas to sort through CIS has tightened its requirements. Now you must have a degree specialization that is an exact match for your job. If this is not the case, you need to have your degree evaluated for the academic value equivalency of the specialization you need. In both of these cases, progressive work experience – that shows you learned new specialized skills and knowledge through your work experience – can be combined to account for the missing academic content in the field required.

If you fall into one of these two academic categories and you did not submit a credential evaluation with your petition, you are likely staring down an education RFE. Don’t panic, it’s not too late. You made it into the lottery and your petition is still under consideration. Don’t waste time. Talk to a credential evaluation agency that specializes in RFEs and difficult cases. Get the credential evaluation and supporting documentation you need to answer your RFE and get your H1B visa approved.

What to look for in the right credential evaluation agency for your case:

  1. Easy to communicate with. They should answer when you call, respond to your texts and emails, and answer your questions with confidence.
  1. Follows CIS approval trends. The person you want writing your evaluation knows what CIS is looking for. CIS trends change, and an evaluation that worked last year may not work again this year. As in any job, the best professionals are the ones who keep on learning and changing with the industry.
  1. Works with RFEs and Difficult Cases regularly. You got an RFE. You want to work with someone who works with people in your situation and consistently achieves the outcome for others that you want for yourself.

Don’t let RFE season get you down. You are not alone in this, and there are plenty of helpful professionals who are happy to consult with you on your case. Good luck!!

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.

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