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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 »

Approved! The Feared Level 1 Wage RFE!

Credential Evaluation, Immigration

This year, CIS has come up with a creative new way to come down on computer programmers petitioning for H1B visa status: Level 1 Wages.

Here’s how they’re justifying this new RFE:

The US Department of Labor’s Occupational Outlook Handbook (OOH) is what CIS uses as a references to determine whether or not a job is specialized to meet H1B criteria.  For a job to meet these criteria, the candidate must hold a US bachelor’s degree or higher or its equivalentas a minimum requirement to perform the duties of the job.  When it comes to the job of computer programmer, the OOH states that some employers will hire computer programmers for entry level positions with only a US Associate’s degree.  CIS is using this as evidence that computer programmers making Level 1 Wages are entry level and therefore do not meet specialization requirements, as some employers only require an Associates, rather than a Bachelor’s degree to perform the duties of this job.

There are two main problems with this 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.

Approved! The Feared Level 1 Wage RFE! Read More »

H1B Alert: CIS is WRONG About Level 1 Wages RFE

Credential Evaluation, Immigration

The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level 1 Wages will not qualify because entry level computer programmers only need an Associate’s degree while H1B status requires a US Bachelor’s degree or higher or its foreign equivalent. They are using this justification to issue RFEs instead of approvals to these candidates.

Here’s the problem: Just because an employee is making Level 1 Wages doesn’t mean it’s an entry level job. That’s not how wage levels work.

The other problem is that CIS cites the Department of Labor’s Occupational Outlook Handbook where it states that some employers will hire entry level computer programmers at Level 1 Wages. This same section also states that usually an employer will require a Bachelor’s degree. CIS only uses part of the whole statement to justify pidgeonholing an entire segment of the H1B candidacy.

The March Memo signaled a complete change in the way CIS views and deals with Wage Level 1 computer programmers. CIS is wrong and it’s up to all of us to stand up to them. Here’s how: successfully answer the RFE!

At TheDegreePeople.com, we have had 90% success in answering Employment Issue RFEs this year. We have experts on hand who can write detailed, well-documented opinion letters that show the job is specialized to H1B standards and that the wage level does not equate to the degree of specialization.

If you or your employee or client received an employment issue RFE, we can help. Simply go to ccifree.com for a free consultation.

H1B Alert: CIS is WRONG About Level 1 Wages RFE Read More »

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.

CASE STUDY: The Biggest Nightmare RFE Out There Read More »

The Double RFE

Credential Evaluation, Immigration

Welcome to the 2017 RFE season! It’s the worst year yet when it comes to difficult RFEs and lots of them. We’ve seen common RFEs regarding education, we’ve seen Nightmare RFEs, and now we’re seeing the Double Employment Issue RFE.

While there are no guarantees with USCIS, our experts at TheDegreePeople.com have been able to get every Double Employment Issue RFE overturned. We see a lot of RFEs every year, and this your we are seeing the H1B Level 1 Wage and the Specialty Occupation RFEs together in one RFE.

The Level 1 Wage RFE occurs when an employer marks that wage level on the LCA and CIS questions whether the jobs indicated in this wage level are adequately specialized to meet H1B requirements. If the jobs indicated in this wage level on the LCA don’t exactly match the job title on the H1B petition – which most jobs will not – CIS can issue an RFE.

The Specialty Occupation RFE also calls into question whether the H1B job on the petition meets CIS requirements for specialization that state for a job to meet these requirements the candidate must have a US bachelor’s degree or higher or its foreign equivalent in the field of the job. If it is unclear whether this job demands these minimum qualifications, CIS will issue an RFE. This becomes a problem when a specific position for a specific company requires a higher degree of specialization than similarly titled jobs, or there is inadequate documentation of the degree of specialization of the duties performed in this job. Of course, “adequate documentation” is subjective. You may have filed a detailed petition that spells out the specialized nature of your clients work, and you may still receive an RFE.

There are no guarantees with CIS, and H1B candidates are learning that the hard way. The Double Employement Issue RFE means extra time and extra money to answer…unless you know the right people who can help you. Overturning the Level 1 Wage RFE and the Specialty Occupation RFEs both require individual expert opinion letters explaining why the wage levels are set where they are and how that meets H1B regulations, and another explaining why this particular H1B job is adequately specialized. Most evaluation agencies will make you order both of these letters separately. We do it all at once, and our track record shows it works.

Simply got to 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.

The Double RFE Read More »

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