Need Help?
Message Sheila D, Executive Director with any questions
9544450107

level 1 wages rfe

Prevailing Wage: How to Address the H1B Wage Level Issue RFE

Credential Evaluation, Immigration, Visa Approvals

To meet H1B requirements, the employer must pay the H1B employee the prevailing wage for the position in that industry for companies of that size in that geographical location. Last year, we saw jobs with Level 1 Wages targeted both questioning the wage level and whether the job meets H1B specialization requirements.

But what if the prevailing wage level for the specialty occupation in question is level one?

First, regardless of the job in question, you have to be very familiar with the position’s entry in the US Department of Labor’s Occupational Outlook Handbook. If the job is set at wage level one, it is likely CIS will assume it’s an entry level position. Some entry level positions do not require the advanced degree that H1B status demands – a US bachelors degree or higher or its equivalent.

If the entry level position requires anything lower than a US bachelor’s degree as a minimum qualification – even if the job itself isn’t entry-level – you will run into trouble.

To address this wage level issue, you will need to include a detailed breakdown of the position’s duties and responsibilities. Include the ad for the job and past hiring practices that clearly show the minimum requirement of a US bachelors degree for entry into the position. You should also include a detailed analysis of all of the factors that went into determining the wage level for the job and tie it all together with an expert opinion letter to fortify your case.

This is just one of many wage level issue RFEs coming in this year. CIS may take issue with the job at any wage level. The important thing to remember about wage level RFEs is that they are inextricably linked with specialty occupation issues, so it’s best to address both issues with the same response. In your expert opinion letter, both topics should be covered.

To meet H1B requirements for specialty occupation, the job must require a minimum of a US bachelor’s degree or higher or its equivalent for entry into the position. If this is a requirement for the specific job in question but not as an industry standard as indicated in the Occupational Outlook Handbook, you will need to provide a detailed job description that clearly shows the duties and responsibilities of the job require a specialized knowledge base and skill set. You will also need to document past hiring practices to show this position always requires an advanced degree for this particular business. If the Occupational Outlook Handbook states that sometimes employers will hire for this position with lower minimum educational requirements, provide ads for the same position in similar companies in the industry to show that the lower minimum educational requirement is the exception, not the rule. Regardless of your situation, the expert opinion letter must be included for analysis and fortification of your case.

At TheDegreePeople.com we have experts on hand 24/7 in all industries and areas of expertise to write the opinion letter you need, or your employee or client needs to get that H1B visa approved. For a free consultation visit ccifree.com/?CodeLWA/. We will get back to you in 48 hours or less.

Prevailing Wage: How to Address the H1B Wage Level Issue RFE Read More »

Specialty Occupation and Wage Level H1B RFE Assistance

Credential Evaluation, Immigration, Visa Approvals

Here’s how it works: if the wage is set at a level CIS feels does not meet the H1B job, they will request more information regarding meet the prevailing wage requirement, and in many cases, regarding job specialization. That’s because CIS assumes that jobs set at level 1 wages it is an entry level position. If the job at the assumed skill level does not always require a minimum of a US bachelor’s degree or higher, CIS will question whether the job meet H1B specialization requirements.

Determining the wage level of a job takes a multitude of factors into consideration, including industry standard, company size, geographic wage levels, the level of training and supervision the beneficiary will require, and beneficiary qualifications. When addressing specialization, you will need to break down the responsibilities of the job and the skills and knowledge required to carry them out to show that the job meets specialization requirements. If this job in similar companies in the industry does not normally require an advanced degree, you will have to clearly show why this job is uniquely specialized and that an advanced degree requirement is consistent with past employment practices.

In your RFE response, all of these factors will need to be listed, explained, and analyzed in an expert opinion letter. At TheDegreePeople we have experts on hand 24/7 that can address both wage level and specialization in one letter, saving you time and money. Every year, we answer difficult RFEs and we get them overturned. For a free review of your case, visit ccifree.com. We will get back to you in 48 hours or less.

Specialty Occupation and Wage Level H1B RFE Assistance Read More »

Specialty Occupation and Wage Level H1B RFEs: Who Dropped the Ball?

Credential Evaluation, Immigration, Visa Approvals

If you or your employee or client receives an RFE, don’t panic. RFEs have become very common, and can be a helpful tool to fortify the case for approval. Sit down with your team and carefully read through the RFE, then put the RFE down and go back to the original H1B eligibility requirements and see where the case is lacking. In this process, it is important to see who dropped the ball, and how to pick it back up. This does not mean pointing fingers, placing blame, or spouting anger. Oftentimes the reason for the RFE is changing CIS approval trends. Sometimes it’s no one’s fault.

Specialty occupation and wage level RFEs jumped ahead of education RFEs in response to last year’s lottery. H1B requirements state that to be eligible for this visa the job must require a minimum of a US bachelor’s degree or higher or its equivalent to gain entry into the position. This must be an industry standard, or you must go a step further to prove that this position is uniquely specialized and holding an advanced degree is consistent with employer hiring practices. The job must also pay the prevailing wage for the job in the industry, for companies of that size in that geographical location.

Last year, computer programmers making level 1 wages were hit especially hard with RFEs. CIS claimed that since some employers will hire entry-level computer programmers with only an associate’s degree, the job does not meet specialization requirements, or the wage level is not set correctly. One of the main problems with the reasoning for this RFE is that wage level does not necessarily determine the specialization of the position, rather it is set in accordance with the prevailing wage and takes the level of training and supervision required for the employee into consideration as well.

Specialty occupation RFEs and wage level RFEs are so interconnected they often come together. Now that we know what we’re dealing with, let’s see where the fault may lie.

Sometimes it’s nobody’s fault. CIS approval trends change, and the best we can do is learn for the approval trends of last year, and what RFE responses worked and which ones did not. Sometimes it’s CIS’ fault. You could file an immaculate petition and still receive an RFE. CIS could be unreasonable with their justification for the RFE, or just plain wrong. Whatever the reason, you still must answer it.

Sometimes the attorney will make a mistake when filing, there will be omitted pages in the petition, or it will be filed out of order. Sometimes it’s the beneficiary’s fault. Providing poorly translated educational documents, misconceptions about the value of a credential’s academic value, and providing misleading or false information in resumes happens. These mistakes are not necessarily on purpose, even if it involves providing false information. Sometimes names are misspelled or answers are inconsistent from one document to the next.

Sometimes it’s the employer’s fault. Maybe the job really is set at the wrong wage level. Maybe the job indicated in the LCA is different than the job title in the petition. Inconsistencies across documents are easy mistakes to make, especially in the rush to file by April 1st, but these mistakes have far-reaching consequences. Maybe your team didn’t provide enough detailed evidence regarding the duties and responsibilities of the job in question.

Whatever the reason for the RFE, it’s important that you identify where the case is lacking in evidence, whose job it is to provide it, and fix it. At TheDegreePeople, we work with difficult RFEs every year. We can help you identify what went wrong and how to fix it. For a free review of your case visit ccifree.com/. We will get back to you in 48 hours or less.

Specialty Occupation and Wage Level H1B RFEs: Who Dropped the Ball? Read More »

H1B RFE Alert: Wage Issues

Credential Evaluation, Immigration, Visa Approvals

One of the central H1B qualifying components is that the H1B employee must be paid the prevailing wage for the job, in companies of that size, in that industry, in that geographical location.

CIS uses the US Department of Labor’s Occupational Outlook Handbook to determine what wage levels are appropriate for each job, and if your wage level, or your employee or client’s wage level does not match the job indicated, In some cases, wage level issues arise because CIS assumes the wage level assigned by the employer is too low for the level of specialization required to meet H1B requirements. A common RFE we saw last year was the Level 1 Wages RFE that effected computer programmers making Level 1 Wages because CIS assumed that the wage level indicated it was an entry level position.

There are many components that go into determining wage levels. If you or your employee or client receives a Wage Issues RFE, it means the petition didn’t include enough evidence to show that the H1B worker would be earning the prevailing wage for the job. If the wage level doesn’t match the job title indicated in the Occupational Outlook Handbook, you will need to include an expert opinion letter in the RFE response that clearly explains why the wage level is appropriate for this specific job, and thus meets H1B wage requirements.

At TheDegreePeople, we have experts on hand 24/7 with the highest rate of success in answering Wage Issue RFEs. For a free consultation, visit ccifree.com.

H1B RFE Alert: Wage Issues Read More »

Case Study: The Triple H1B RFE – OVERTURNED!

Credential Evaluation, Immigration, Visa Approvals

We saw them last year, and we have the experts with the highest rate of success to help overturn them. Coming up on RFE season, it’s important to keep in mind that many RFEs cannot be answered by their own instructions. The solution is to go back to the original H1B requirements and make sure they are clearly met, documented, explained, and backed up by expert opinion.

To be eligible for an H1B visa, the job must be a specialty occupation, which means as a minimum requirement the employee must hold a US bachelors degree or higher or its equivalent in the field of the job. The beneficiary must have this degree or equivalency to meet H1B requirements, and the employer must pay the beneficiary prevailing wages and benefits for this position for companies of that size in that geographical location.

In answering the Triple RFE, you need to do three things:

First, the job in question must meet the criteria of a specialty occupation. This can be done in one of three ways:

  1. The job requires a US bachelors degree or higher.
  2. A US bachelors degree or higher is a normal minimum requirement for this position for the industry in similar companies.
  3. This particular job is uniquely complex so as to require a US bachelors degree or higher to perform its duties.

Second, it must be proven that Level 1 Wages are the prevailing wage for this specialty occupation. For jobs set at Level 1 Wages, CIS is operating from the misconception that Level 1 Wages implies that the job is entry level. They’re wrong. That’s not how wage levels work. There are many factors that are taken into consideration when determining wage levels. You need to show that this is the prevailing wage for this position to meet H1B requirements. These first two issues can be addressed in one expert opinion letter.

Third, the beneficiary must clearly meet H1B educational requirements. This means the beneficiary holds the advanced degree or its equivalent in the field of the H1B job. That means if the degree is from outside of the United States, in a different field than the H1B job, or incomplete, you will need to include a credential evaluation that fills in any gaps between the beneficiary’s education and H1B education requirements. This must take into account education that took place through work experience and a close evaluation of course content and classroom contact hours involved in the degree.

At TheDegreePeople, we work with difficult RFEs every year, and we have the experts with the highest rates of success to help overturn them.

For a no-charge and no-obligation review of your case, or your employee or client’s case, simply visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and pre-evaluation.

Case Study: The Triple H1B RFE – OVERTURNED! Read More »

RFE Support: Know the H-1B Job Better than CIS Does

Credential Evaluation, Immigration, Visa Approvals

H-1B filing season is over, but that doesn’t mean the work is done. Last year, CIS rolled out an unprecedented number of RFEs challenging occupational specialization.

Last year, computer programmers at level 1 wages were targeted for RFEs claiming that the job entry level computer programmer didn’t meet the H-1B specialization requirement that a candidate must hold a minimum of a US bachelor’s degree or higher or its equivalent as a requirement for entry into the position.

CIS used a passage from the US Department of Labor’s Occupational Outlook Handbook (OOH) to justify this RFE. The passage stated that some employers will hire entry level computer programmers with a US associate’s degree as a minimum requirement. Since H-1B jobs require a US bachelor’s degree or higher or its equivalent as a minimum requirement for a job to meet the H-1B definition of occupational specialization, CIS determined that entry level computer programmer was not an H-1B eligible job.

There are two main problems with this reasoning:

First, the fact that a job is set at level 1 wages does not mean it’s an entry level position. There are more factors that go into determining wage levels than just that.

Second, that same passage in the OOH also states that employers will usually require a US bachelor’s degree or its equivalent as a minimum requirement for entry into the occupation of entry level computer programmer. If it is a normal industry standard to require a minimum of a bachelor’s degree than it should meet H-1B specialization requirements, even though not all employers adhere to this general industry standard. A bachelor’s degree minimum is still an industry standard for this position, and THAT is what you need to prove to CIS to get the RFE overturned.

CIS uses the OOH to determine whether or not a job meets H-1B occupational specialization standards. However, as we learned last year, they are very selective in the wording and passages they use to justify their decisions. That means, you need to know what the OOH has to say about the job in question inside and out so you can call out CIS when they use OOH wording to justify your RFE, or your employee or client’s RFE.

If you haven’t already, familiarize yourself with what OOH has to say about your job, or your employee or client’s job and document it. You will need documentation that the advanced degree is an industry standard, or that your client’s position is uniquely complex to require an advanced degree, and that employees having this degree as a minimum requirement for the position is a consistent hiring practice of the sponsoring employer. Included in the evidence, you will also need an expert opinion letter to weigh in on why and how this job meets H-1B specialization requirements.

At TheDegreePeople.com, we have experts on hand 24/7 to review your case and write the expert opinion letter you need, or your employee or client needs to get that H-1B visa approved. For a free review of your case at no obligation, visit ccifree.com. We will get back to you in 48 hours or less with a full analysis and our recommendations.

RFE Support: Know the H-1B Job Better than CIS Does Read More »

Specialty Occupation RFE: How to Prevent the Toughest RFE of Last Season

Credential Evaluation, Immigration, Visa Approvals

This RFE not only serves as a warning for computer programmers at level 1 wages coming up on this next H1B filing season, but also for all beneficiaries in borderline occupations, or in jobs that could be mistaken for borderline occupations. These jobs, like entry level computer programmers, don’t necessarily require a US bachelors degree as a minimum according to the US Department of Labor’s Occupational Outlook Handbook.

To prove specialization, you will need to include a detailed job description and evidence to back up the claim that the job meets CIS specialization requirements. You will need to provide the ad for the job that shows a minimum requirement of a US bachelors degree or higher, and you will need evidence that shows that this position in that industry at similar companies also holds this minimum educational requirement. If the job in question is uniquely specialized as to require an advanced degree where similar positions in the industry do not, you will need to clearly show why this is the case and include an expert opinion letter to back up your claim.

Last year, CIS issued RFEs claiming that because entry level computer programmers are sometimes hired with only a US associate’s degree, the job doesn’t meet CIS specialization requirements. There were two problems here: First, the evidence CIS used to support this claim is a passage in the Occupational Outlook Handbook that states sometimes employers will hire entry level programmers with only an associates, but that same passage also states that this is not the norm, and the position typically requires a minimum of a bachelors degree. Second, just because a job is set at level 1 wages doesn’t mean it’s an entry level position, and that also doesn’t mean the beneficiary isn’t being paid the prevailing wage for that position. There are many factors to be taken into consideration when determining wage levels.

If you or your client or employee is a computer programmer working at level 1 wages, you will need to include an expert opinion letter to prevent an RFE. We have experts on hand 24 hours a day 7 days a week to write the letter you or your client or employee needs to prevent a specialty occupation RFE. For a no charge and no obligation review of your case, or your employee or client’s case, visit ccifree.com.

Specialty Occupation RFE: How to Prevent the Toughest RFE of Last Season Read More »

Prepare for Tough RFEs for Specialty Occupation this H1B Season

Credential Evaluation, Immigration, Visa Approvals

Last year, we saw an unprecedented expansion in RFEs for Specialty Occupation, hitting H1B candidates in computer programmer positions at level 1 wages the hardest. This year, we expect these RFEs to continue to be even tougher and more widespread.

That means, if you, or your client or employee has a “borderline” job – meaning these jobs don’t necessarily require a US bachelor’s degree or its equivalent according to the US Department of Labor’s Occupational Outlook Handbook (OOH) – or if your job, or your employee or client’s job can be misconstrued as a borderline job, you will need to go a step farther to prove that the job is specialized to meet H1B requirements. You also need to be extra careful to keep answers and information on all documents involved in the petition process consistent.

Here are some problems you may run into this H1B season when it comes to occupational specialization:

1. Job description in the LCA doesn’t exactly match the job description on the H1B petition.

This is very common, as most actual job descriptions are not a 100% match for the description of the occupation in the OOH. However, employers must choose a job on the LCA that is outlined in the OOH, and if there are any inconsistencies, CIS can use that for grounds to issue an RFE.

2. Job title in the LCA doesn’t match the job title on the H1B petition.

Last year, we saw an unprecedented number of RFEs with regards to Level 1 Wages for the job of computer programmer. CIS used a passage in the OOH that states employers sometimes hire entry level computer programmers with only a US Associates degree, which doesn’t meet the H1B educational requirement of a US Bachelors degree or higher. To avoid this RFE, employers may be tempted to select a different job title that doesn’t tend to attract so many RFEs in the LCA. If you decide to do this, make sure the job title on the LCA matches the job title on the H1B petition and is a good match for the job description.

3. The wage level stated in the OOH does not match the wages the H1B worker makes.

H1B workers must be paid the prevailing wage for similar jobs in that industry for companies of that size in that geographic region. If the wages you or your employee or client is making doesn’t match those indicated in the OOH, you need to explain why this is the case in the petition to avoid an RFE.

Last year, a big misunderstanding of how wage levels work caused computer programmers making level 1 wages to deal with a slew of difficult RFEs. CIS assumed that just because a job is set at level 1 wages means it’s an entry level position. There are many reasons an employee may start at level 1 wages, even if the job is not entry level. For example, recent college graduates entering the workforce with Bachelors degrees but little to no work experience need a high level of guidance, training, and supervision. Company resources are allocated to these needs as the employee starts, justifying the low starting wage. This needs to be explained in an expert opinion letter, along with a detailed job description and employer support letter.

If you or your client or employee has a borderline occupation or works as a computer programmer, visit us at ccifree.com or simply reply to this email for a no cost and no obligation full review of your case, or your client or employee’s case. At TheDegreePeople.com, we work with RFEs every year. We know what triggers them, and we know how to answer them, and most importantly, we know how to prevent them. We will review the entire case, and get back to you within 48 hours with a full analysis, pre-evaluation, and our recommendations moving forward.

Prepare for Tough RFEs for Specialty Occupation this H1B Season Read More »

Dealing with the Level 1 Wages RFE this Year and Next

Credential Evaluation, Immigration, Visa Approvals

This year, we all met the Level 1 Wages RFE that targeted H1B computer programmers working at Level 1 Wages.  We’re still answering these RFEs, and it’s almost time to file again.

First, let’s look at the Level 1 Wages RFE:

Until this year, CIS has left computer programmers at Level 1 Wages alone when it comes to how their pay grade reflects the specialization of their job.  Now, CIS is claiming that computer programming positions at Level 1 Wages are entry level positions.  This is not the case – wage levels don’t work like that.  There are many other factors to consider when it comes to setting wage levels, particularly for new employees.  Entering a new job always requires a heightened level of supervision on the part of the employer, which impact wage levels.  Starting a new job fresh out of a bachelors degree program with the necessary skills and knowledge but little to no direct work experience in the field also requires a heightened level of supervision and training on the part of the employer.  Here’s the catch: these factors set wage levels low to start working, and to start working H1B visa status is needed.

CIS sees that a computer programming position is set at Level 1 Wages and claims that the job is not specialized to meet H1B requirements that state a job must require a minimum of a US bachelors degree or its equivalent to qualify.  The US Department of Labor’s Occupational Outlook Handbook states that employers will sometimes hire entry level computer programmers with less than a US bachelors degree as a minimum requirement, stating that only an associates is needed.  CIS uses this passage as justification to reject the petition.

There are two problems with this:  First, as discussed earlier, this reasoning assumes that a job set at Level 1 Wages is inherently entry level.  This is not true.  Proving this to CIS in the RFE response requires a detailed job description and employer support letter, along with an expert opinion letter that explains wage levels and educational requirements for the industry.  Second, that same passage in the Occupational Outlook Handbook states that employers usually require a minimum of a bachelors degree even for entry level computer programming positions.  This reference also must be included in the RFE response.

At TheDegreePeople, we have experts on hand 24 hours a day, 7 days a week to write the response that you, or your employee or client needs to answer the Level 1 Wages RFE.  For a free review of the case, please send the following documents to [email protected]:

• LCA

• Beneficiary’s 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 review of the case and our recommendations on what to do next.

As we’re wrapping up RFE season, we’re coming right up on filing season.  While we won’t know whether preventative measures will work for this RFE until next RFE season, there are some steps you can take to reduce the risk of dealing with the Level 1 Wages RFE again.  If the job can be set at Level 2 Wages, or the job title can be classified as a different occupation, including these changes in the petition and on the LCA may help prevent the Level 1 Wages RFE.  Remember, the LCA and the petition must be consistent, so whatever you enter in the LCA must be the same in the petition.  The job title must match the job description, so it’s important to be very careful when taking this preemptive measure.  We can consult with you on this.  If can also be helpful to include an expert opinion letter from an RFE response in the initial petition to clear up the misconception about Level 1 Wages and entry level positions from the start.

To preempt RFEs that we have seen coming in after having answered the Level 1 Wages RFE, it’s always a good idea to include a thorough credential evaluation in the initial H1B petition to close any gaps between your or your employee or client’s education and their H1B job.  Foreign degrees, incomplete or nonexistent college education, and generalized degrees or degrees in specializations that are not an exact match for the job title all require credential evaluations to clearly show CIS that the education meets H1B requirements.  If you’re not sure whether you or your employee or client meets H1B educational requirements, let us review the case before you file in April.

Dealing with the Level 1 Wages RFE this Year and Next Read More »

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE

Credential Evaluation, Immigration, Visa Approvals

This RFE posits that the job of computer programmer at Level 1 Wages is not specialized to meet CIS requirements for the H1B visa.

To qualify for H1B status, the beneficiary’s job must require a minimum of a US bachelors degree or its equivalent, and the beneficiary must hold the necessary credentials in that field.  The purpose of the H1B program is to attract bright minds to US colleges, universities, and graduate programs with the option to remain in the country to work having qualified for H1B status after graduation, and also to attract highly skilled workers to the US who have already earned advanced degrees to jump right into the workforce.  Strengthening and furthering the development of STEM industries in the US is one of the central purposes of the H1B program, and computer programmers are essential to this goal.

That’s why this particular RFE is so damaging – it directly targets computer programmers, particularly recent college graduates who require a high level of supervision as they enter the workforce after having earned their bachelors degrees.

Here is the gist of what CIS says in the RFE:  Computer programmers at Level 1 Wages do not meet H1B job specialization requirements because, according to a passage in the US Department of Labor’s Occupational Outlook Handbook, some employers will hire entry level programmers with only a US associates degree.  This wrongly assumes that just because a job is set at Level 1 Wages it is automatically entry level.  This also ignores the other part of that same passage in the Occupational Outlook Handbook that states employers will usually require a US bachelors degree as a minimum requirement for entry level programmers.

The solution is a thorough expert opinion letter that analyzes the holes in the rationale of the RFE, accompanying a detailed job description.  We have experts on hand 24/7 ready to help you.  Let 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 Job Description

– RFE

We will get back to you in 48 hours or less with a full analysis of the case and our recommendations on how to move forward to get the RFE overturned and the visa approved.

H1B Job Specialization: What's Wrong with the Level 1 Wages RFE Read More »

Scroll to Top