Case Study How to Answer the Level 1 Wage RFE


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

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, 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


• 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.

About The Author

Sheila Danzig is the Executive Director of CCI,, a foreign credentials evaluation agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to or call 800.771.4723.

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