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  • Article: Case Study: H1B Level 1 Wages RFE Overturned!! By Sheila Danzig

    Case Study: H1B Level 1 Wages RFE OVERTURNED!!


    At TheDegreePeople, we work with difficult RFE cases every year. This year is no different, except alongside three-year degree RFEs and the Nightmare RFE, we are now seeing the dreaded Level 1 Wages RFE.

    This RFE is difficult because no one saw it coming and its commonality is unprecedented. Computer programmers petitioning for H1B status at Level 1 Wages are facing questions about their occupation's specialization meeting the H1B requirement for needing a minimum education of a US bachelors degree or higher or its equivalent. CIS states that employers will hire entry level programmers with only a US Associates degree as a minimum requirement.

    The main problem with this reasoning is that wage levels don't work like that. Just because a job is set at Level 1 Wages doesn't mean it's entry level.

    Another problem with the reasoning of this RFE is that the same passage in the US Department of Labor's Occupational Outlook Handbook that CIS cites, it also states that typically employers will actually require a bachelor's degree as a minimum to perform the duties of an entry level computer programmer.

    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.

    Our clients at TheDegreePeople have seen at 90% success rate in answering these difficult RFEs. However, when we answer the first RFE, we go one step further. We review ours clients' entire cases to preempt the second round of RFEs

    For a no charge and no obligation review of your case or your employee or client's case, please send the following documents to predocs@cci123.com

    • LCA
    • Beneficiary Resume
    • Employer Support Letter
    • Detailed job description including job duties
    • 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 our recommendations of how to move forward.

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

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