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H1B Job Specialization: What's Wrong with the Level 1 Wages RFE

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posted Jan 24 in H1B Visa RFEs by Sheila Danzig (8,100 points)

If you are, or if you have clients or employees involved in the H1B process, chances are you've heard of the RFE of the year: the Level 1 Wages RFE.

This RFE posits that the job of computer programmer at Level 1 Wages is not specialized to meet CIS requirements for the H1B visa.  

To qualify for H1B status, the beneficiary's job must require a minimum of a US bachelors degree or its equivalent, and the beneficiary must hold the necessary credentials in that field.  The purpose of the H1B program is to attract bright minds to US colleges, universities, and graduate programs with the option to remain in the country to work having qualified for H1B status after graduation, and also to attract highly skilled workers to the US who have already earned advanced degrees to jump right into the workforce.  Strengthening and furthering the development of STEM industries in the US is one of the central purposes of the H1B program, and computer programmers are essential to this goal.

That's why this particular RFE is so damaging – it directly targets computer programmers, particularly recent college graduates who require a high level of supervision as they enter the workforce after having earned their bachelors degrees.

Here is the gist of what CIS says in the RFE:  Computer programmers at Level 1 Wages do not meet H1B job specialization requirements because, according to a passage in the US Department of Labor's Occupational Outlook Handbook, some employers will hire entry level programmers with only a US associates degree.  This wrongly assumes that just because a job is set at Level 1 Wages it is automatically entry level.  This also ignores the other part of that same passage in the Occupational Outlook Handbook that states employers will usually require a US bachelors degree as a minimum requirement for entry level programmers.

The solution is a thorough expert opinion letter that analyzes the holes in the rationale of the RFE, accompanying a detailed job description.  We have experts on hand 24/7 ready to help you.  Let us review your case, or your employee or client's case at no charge and no obligation.

Please send the following documents to predocs@cci123.com:

- LCA

- Beneficiary Resume and Educational Documents

- Employer Support Letter

- Detailed Job Description

- RFE

We will get back to you in 48 hours or less with a full analysis of the case and our recommendations on how to move forward to get the RFE overturned and the visa approved.

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commented Apr 13 by anonymous
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