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Level 1 Wages RFE: The Most Difficult RFE of the Year – OVERTURNED!

Credential Evaluation, Immigration

The problem is, just because a job is set at Level 1 Wages doesn’t mean it’s entry level.  In fact, the same passage in the Occupational Outlook Handbook also states that most employers require entry level programmers to hold a Bachelors degree as a minimum requirement.  Since the H1B program attracts foreign students who come to the United States for college, they graduate with Bachelors degrees and enter the workforce as computer programmers with little to no on the job experience.  They have the education, but need guidance and supervision when they enter into the work environment.  For this reason, wages are often set at Level 1 Wages even though the benficiary’s job and education are both highly specialized.

In addition to all of this, the same passage in the Occupational Outlook Handbook CIS cites to justify this RFE also says that in most cases employers require entry level computer programmers to have earned a Bachelors degree as a minimum requirement.

CIS is wrong about this RFE on many levels, and it’s on us to answer them.  Just like the Nightmare RFE, the Level 1 Wages RFE is tricky, but far from impossible.  It just takes in-depth understanding of CIS approval trends and precedents, occupational specialization, a whole lot of evidence, and a creative approach.

At TheDegreePeople.com, we have had a 90% success rate in answering the Level 1 Wages RFE.  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 Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

Level 1 Wages RFE: The Most Difficult RFE of the Year – OVERTURNED! Read More »

How to Beat the Level 1 Wages RFE

Credential Evaluation, Immigration

This year, CIS targeted computer programmers across the country petitioning for H1B visa status with the Level 1 Wages RFE.  In this RFE, CIS states that the job of computer programmers at Level 1 Wages is not adequately specialized to meet H1B occupational requirements.

H1B visas are reserved for foreign workers with US Bachelors degrees or higher or their equivalent to work jobs that require this level of education.  This visa program attracts bright students from around the world to come study in the United States with the opportunity to stay in the country after graduation to work without having to necessarily pursue a Green Card, and also has this same incentive for foreign nationals who went to school outside of the United States. We need to answer this RFE to keep this bright students and professionals in our industries.

According to a passage CIS cites in the US Department of Labor’s Occupational Outlook Handbook – the source primarily used to evaluate the specialization of any given job – some employers will hire entry level computer programmers with US Associates degrees.  This does not meet CIS specialization requirements for the job, and beneficiaries with only this education level do not meet H1B educational requirements.  CIS has been using this reasoning to justify these damaging RFEs.

There are two main problems with this RFE:

1. Just because a job is set at Level 1 Wages doesn’t mean it’s an entry level position.

2. In that same passage CIS cites to justify this RFE, it’s also stated that most employers actually do require a Bachelors degree as a minimum for entry level computer programmer positions.

Answering this RFE, however, requires more than CIS being wrong.

At TheDegreePeople.com, we have had a 90% success rate answering the Level 1 Wages RFE.  We have experts on hand to thoroughly research, document, and write the opinion letter you, or your employee or client needs to get this RFE overturned.

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 Resume and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

How to Beat the Level 1 Wages RFE Read More »

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 »

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.

How to Successfully Address the Level 1 Wages RFE Read More »

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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