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level 1 wage rfe

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 »

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

Credential Evaluation, Immigration

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 »

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