H1B RFEs: Nightmares, Level 1 Wages, and More


It's almost time to file H1B petitions for the next fiscal year and we're still dealing with Level 1 Wages RFEs from last year. In fact, some candidates that successfully answered this difficult RFE are now facing a second round of classic RFEs we've seen in the past.

Until this year, the Nightmare RFE that is virtually impossible to answer by its own instructions was the scariest RFE out there. Now, Level 1 Wages has caught everyone off guard and candidates and their attorneys and employers are still dealing with them. After having answered this RFE, a second round of RFEs affecting degrees and jobs that have been RFE magnets in the past are getting hit with CIS' doubts about their education and employment. While an RFE is a second chance to fortify your case, or your employee or client's case, it's also a second chance for CIS to closely scrutinize the case and catch details that would have otherwise slipped under their radar.

The solution is to answer the Level 1 Wages RFE, and in doing so prevent the second round of RFEs. At TheDegreePeople, when we answer an Level 1 Wages RFE, we review our clients' entire case and make sure we patch up any holes CIS might notice in the second round. We follow CIS approval trends very closely and work with difficult RFEs evey year. Some jobs, like Computer Systems Analysis, are RFE magnets because there are very few degree programs with that exact title. Some degrees, like the Indian three-year bachelor's degree, are RFE magnets because CIS is hung up on that missing fourth year of study even though the college credit hours are comparable. These situations require a detailed credential evaluation that includes years of progressive work experience and documentation of international trade agreements, precedent decisions, and federal case law.

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.

If you or your employee or client received a Level 1 Wages RFE, we can help. Simply send the following documents to predocs@cci123.com :

  • LCA
  • Beneficiary resume and educational documents
  • Employer support letter
  • Detailed description of the job and its duties
  • RFE
  • We will get back to you within 48 hours with a full review of the case and our recommendations for how to respond.

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