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  • Article: USCIS Approval Trend of FY-2018: Entry Level Wages Get H1B RFEs By Sheila Danzig

    USCIS Approval Trend of FY-2018: Entry Level Wages Get H1B RFEs


    It's no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs.

    Here's the scoop:

    H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor's degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages.

    That's where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements.

    While the rationalization behind this is that many entry level jobs do not require a US bachelor's degree or higher or its equivalent, many professions DO require this education to gain entry to the field.

    At TheDegreePeople.com, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. If your client received an RFE for having an entry level wage, visit ccifree.com/?CodeLWA/ for a free consultation.

    About The Author

    Sheila Danzig is the Executive Director of CCI, TheDegreePeople.com, a foreign credentials evaluation agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/?CodeLWA/ or call 800.771.4723.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

    Comments 1 Comment
    1. ImmigrationLawBlogs's Avatar
      ImmigrationLawBlogs -
      Whether offering an entry level wage disqualifies an H-1B petition for approval is a legal question which should be handled by an experienced immigration lawyer. It is not a question that is related to an H-1B candidate's academic evaluation.

      An RFE challenging a position's qualification for H-1B classification based on the fact that the salary offered was entry level first came to my attention around a year ago or more, and I immediately advised all H-1B clients since to offer at least Level 2 salaries , not entry level ones, from then on. In my opinion, since the H-1B law is drafted in terms of the qualifications for entry level employment, the idea of using an entry level salary to deny an H-1B case is absurd to the point of being in the utmost bad faith on the part of USCIS.

      But, when the words Mene Mene Tekel Upharsin suddenly appeared in the Biblical Book of Daniel, the handwriting on the wall was there for all to see, and the same is evidently now the case with Level 1 salary H-1B petitions. A wise H-1B employer will pay attention to the USCIS's handwriting on the wall and, of course under the guidance of a qualified H-1B lawyer, will act accordingly.

      Roger Algase
      Attorney at Law
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