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

  1. #1

    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

    by








    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
    .



  2. #2
    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
    algaselex@gmail.com
    Last edited by ImmigrationLawBlogs; 08-11-2017 at 04:19 PM.

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