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How to Beat the Level 1 Wages RFE

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posted Nov 7 in H1B Visa RFEs by Sheila Danzig (8,100 points)

Here's how: get help!  This is the toughest RFE we've seen since the Nightmare and it's got everyone panicked.  

This year, CIS targeted computer programmers across the country petitioning for H1B visa status with the Level 1 Wages RFE.  In this RFE, CIS states that the job of computer programmers at Level 1 Wages is not adequately specialized to meet H1B occupational requirements.

H1B visas are reserved for foreign workers with US Bachelors degrees or higher or their equivalent to work jobs that require this level of education.  This visa program attracts bright students from around the world to come study in the United States with the opportunity to stay in the country after graduation to work without having to necessarily pursue a Green Card, and also has this same incentive for foreign nationals who went to school outside of the United States. We need to answer this RFE to keep this bright students and professionals in our industries.

According to a passage CIS cites in the US Department of Labor's Occupational Outlook Handbook – the source primarily used to evaluate the specialization of any given job – some employers will hire entry level computer programmers with US Associates degrees.  This does not meet CIS specialization requirements for the job, and beneficiaries with only this education level do not meet H1B educational requirements.  CIS has been using this reasoning to justify these damaging RFEs.

There are two main problems with this RFE:

1. Just because a job is set at Level 1 Wages doesn't mean it's an entry level position.

2. In that same passage CIS cites to justify this RFE, it's also stated that most employers actually do require a Bachelors degree as a minimum for entry level computer programmer positions.

Answering this RFE, however, requires more than CIS being wrong.

At TheDegreePeople.com, we have had a 90% success rate answering the Level 1 Wages RFE.  We have experts on hand to thoroughly research, document, and write the opinion letter you, or your employee or client needs to get this RFE overturned.

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 and Educational Documents

• Employer Support Letter

• Detailed Description of the Job and its Duties

• RFE

We will get back to your in 48 hours or less with a full analysis of the case and, if we can help you, information on how to move forward.

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