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Thread: Article: H1B Alert: CIS is WRONG About Level 1 Wages RFE By Sheila Danzig

  1. #1

    Article: H1B Alert: CIS is WRONG About Level 1 Wages RFE By Sheila Danzig




    H1B Alert: CIS is WRONG About Level 1 Wages RFE

    by








    Employment issues are this year's justification for the slew of RFEs CIS
    issued targeting computer programmers applying for H1B visa status.



    The problem arises when employers mark the occupation as Level 1 Wage on
    the Labor Conditions Application (LCA) they must file. CIS released a memo
    in late March indicating that computer programmers at Level 1 Wages will
    not qualify because entry level computer programmers only need an
    Associate's degree while H1B status requires a US Bachelor's degree or
    higher or its foreign equivalent. They are using this justification to
    issue RFEs instead of approvals to these candidates.



    Here's the problem: Just because an employee is making Level 1 Wages
    doesn't mean it's an entry level job. That's not how wage levels work.



    The other problem is that CIS cites the Department of Labor's Occupational
    Outlook Handbook where it states that some employers will hire entry level
    computer programmers at Level 1 Wages. This same section also states that
    usually an employer will require a Bachelor's degree. CIS only uses part of
    the whole statement to justify pidgeonholing an entire segment of the H1B
    candidacy.



    The March Memo signaled a complete change in the way CIS views and deals
    with Wage Level 1 computer programmers. CIS is wrong and it's up to all of
    us to stand up to them. Here's how: successfully answer the RFE!



    At TheDegreePeople.com, we have had 90% success in answering Employment
    Issue RFEs this year. We have experts on hand who can write detailed,
    well-documented opinion letters that show the job is specialized to H1B
    standards and that the wage level does not equate to the degree of
    specialization.



    If you or your employee or client received an employment issue RFE, we can
    help. Simply go to 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
    I began advising my own H-1B sponsor clients not to use Level 1 salaries around 2 or more years ago, when RFE's or denials for Level 1 wages started to appear in general, not just for jobs in the computer field.

    Ms. Danzig is absolutely correct in saying that the USCIS rationale for assuming that a Level 1 position ipso facto cannot be a specialty occupation is totally wrong; this conclusion is in direct conflict with the H-1B law and regulations themselves, which use the educational requirement for qualifying for entry level positions as the test for deciding whether a given job is a specialty occupation for H-1B purposes!

    However, an immigration lawyer's job is to get meritorious petitions approved, not to make doomed, or at least uphill, attempts to win academic arguments with USCIS.

    The way to get H-1B petitions approved is to heed the USCIS Handwriting on the Wall (the Biblical one, not Donald Trump's Mexican border wall). That handwriting is clear. To anyone who is thinking of filing a Level 1 salary LCA for any H-1B petition, my suggestion would be: Mene, Mene, Tekel, Upharsin (the words which appeared in the Handwriting on the Wall according to the Book of Daniel).

    What do these ancient, strange sounding words mean in the H-1B context? The answer is plain: If an H-1B employer wants to have the petition approved, Don't Use Level 1 Wages For Any Position.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com
    Last edited by ImmigrationLawBlogs; 10-23-2017 at 10:26 PM.

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