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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 »

H1B RFE of the Year: Level 1 Wages

Credential Evaluation, Immigration

Virtually every year, CIS gives us a new challenge to overcome, and every year, we learn how to answer it.  The Level 1 Wages RFE is no different.  It just means we have to do our research and documentation better than CIS does in the RFE.

When it comes to the Level 1 Wages RFE, it takes expert opinion letters and extensive citations and documentation that shows the job of computer programmer at this wage level is specialized to meet H1B requirements.  This means, the job must require a minimum of a US bachelor’s degree or its foreign equivalent.

CIS states that the job of computer programmer at Level 1 Wages does not meet H1B specialization requirements because entry level computer programmers are sometimes hired with just a US Associates degree.  While on its face, this may seem reasonable, but it just takes a little more research and documentation to debunk the justification of this RFE:

First, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  One big example that particularly applies to H1B eligible computer programmers is that these workers are often fresh out of college.  Having completed a Bachelors degree, but not having the hands on experience working in the field means employers must provide a high level of training and supervision as these workers begin.  Hence, the job is set at Level 1 Wages.

Second, CIS cites a passage in the US Department of Labor’s Occupational Outlook Handbook where it says that sometimes employers will only require entry level computer programmers to have a US Associates degree.  However, that same passage also states that this is unusual and employers typically require their entry level programmers to have a US Bachelors degree.

If you or your employee or client received a Level 1 Wages RFE, we can help.  Simply 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 review of the case and our suggestions on how to best proceed.

H1B RFE of the Year: Level 1 Wages Read More »

What does the Level 1 Wages RFE Mean for the H1B Visa?

Credential Evaluation, Immigration

There are a couple of particulars about this RFE that make it especially threatening to the H1B program at large.  This RFE targets computer programmers at wage level 1, claiming that this means it’s an entry level position and employers will hire entry level computer programmers with only a US Associates degree.  They cite a passage from the Occupational Outlook Handbook that states this.

The problems are as follows: the same passage states that typically employers will require a minimum of a US Bachelors degree, which satisfies the H1B educational requirement that a beneficiary must have a US Bachelors degree or higher or its foreign equivalent.  The second problem is that just because a job is set at level one wages doesn’t mean it’s an entry level position.

Here is why this is dangerous: this RFE indirectly targets foreign students that come to the US for college.  The H1B visa is an incentive to attract bright minds from around the world to US academic institutions because it offers them the opportunity to stay in the country after college to contribute their ideas, insight, knowledge, and ability to the US workforce, particularly in STEM industries where it is needed the most.  Computer programmers working at level 1 wages are likely to be fresh out of college and just entering the workforce.  The low wage level is set not because it is entry level, but because a high level of training and supervision is still required on the part of the employer for recent graduates just entering the workforce as they acclimate to applying their learned skills to the work environment.

The Level 1 Wages RFE is a deterrent for international students as well as international workers, and it’s up to all of us to fight it.  Just as we’ve cracked the code of the dreaded Nightmare RFE in years passed, we’ve also learned how to address this new RFE.

If you or your employee or client has received a Level 1 Wages RFE, let us review the case at no charge and no obligation.  Simply 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 review of the case, and our suggestions on how to move forward to successfully overturn the RFE.

What does the Level 1 Wages RFE Mean for the H1B Visa? Read More »

How to Use the Level 1 Wages RFE as a Tool

Credential Evaluation, Immigration

It seems like every year CIS is coming out with a new difficult RFE to throw H1B beneficiaries and their employers and attorneys a curve ball.

This year, we were all caught off guard by the Level 1 Wages RFE that targets computer programmers. As with all other years, this RFE is an opportunity to strengthen your case, or your client or employee’s case when you respond to it. In fact, your response to this RFE should be viewed as a tool to do this, and to preempt a second round of RFEs.

When you respond to the Level 1 Wages RFE, it’s important to be aware of other risks involved in your case, or your client or employee’s case. Some jobs, like Computer Systems Analyst, are RFE magnets. Some degrees, like generalized degrees or the Indian three-year Bachelors degree, also attract a disproportionate number of RFEs. If a candidate’s degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. That’s why when we answer the Level 1 Wages RFE, we review our clients’ entire case and write a credential evaluation that preempts these situations.

Don’t let the Level 1 Wages RFE catch you off guard or distract you from the classic RFEs we’ve seen year after year, because they haven’t gone away.

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]:

• Candidate’s education documents and resume

• Employer support letter

• LCA

• Detailed job description

• RFE

We will get back to you in 48 hours or less with a full analysis of your client’s case and our suggestions on how to move forward answering the initial RFE and preventing the next.

How to Use the Level 1 Wages RFE as a Tool Read More »

Level 1 Wages: Who is to Blame for this RFE?

Credential Evaluation, Immigration

Sometimes, the attorney filed the petition wrong. Sometimes, the candidate simply doesn’t have the credentials to meet H1B requirements. Sometimes, the candidate does have the qualifications but the credential evaluation to prove it was either not included or written without consideration of the job or H1B visa. Sometimes, the job doesn’t meet CIS requirements for specialization.

However, when it comes to the Level 1 Wages RFE, CIS is to blame.

This RFE hit the H1B world this season from out of nowhere with unprecedented scope, targeting computer programmers working at Level 1 Wages. No one saw it coming, and everyone is scrambling to answer it.

In this RFE, CIS claims that computer programmers working at Level 1 Wages are entry level computer programmers, and that entry level computer programmers can be hired with only a US Associates degree as a credential. Since H1B requirements state a qualified candidate must hold a US Bachelors degree or higher or its equivalent, CIS claims that the job doesn’t meet specialization requirements for H1B status. CIS cites a passage in the Department of Labor’s Occupational Outlook Handbook that states sometimes employers will hire entry level computer programmers with Associates degrees.

There are several problems with this. This first and most obvious is that just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position. That’s not how wage levels work. One of the main goals of the H1B program is to attract bright minds from around the world to US colleges and universities so they can stay on with H1B jobs working in STEM industries – industries in which the US desperately needs more highly skilled workers. After graduating with a Bachelors degree, candidates have little to no experience on the job even though they possess the specialized skills and understanding, as well as the degree. These workers still need a high level of supervision and guidance, which factors into their low starting wage. There are other nuances that effect how wage levels are set that CIS doesn’t take into consideration with its reasoning.

Second, that same passage in the Occupational Outlook Handbook also states that in most cases, employers will require a minimum of a US Bachelors degree for entry level computer programmers.

CIS is wrong on both fronts, and this RFE is their fault. This doesn’t change the fact that it’s on us to answer it.

At TheDegreePeople.com, we work with difficult RFEs every year, and we are always able to find creative solutions that work. For a free review of you or your client or employee’s case, please send the following documents to [email protected]:

• LCA

• Beneficiary Resume

• 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 recommendations of how to address this RFE and preempt a second round of RFEs in the process.

Level 1 Wages: Who is to Blame for this RFE? Read More »

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 »

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 »

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