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Overturn the Dreaded Level 1 Wage and Specialty Occupation H1B RFE

733 views 8 comments
posted Aug 11, 2017 in H1B Visa RFEs by Sheila Danzig (8,100 points)
edited Aug 11, 2017 by Sheila Danzig

It's no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. RFEs for petitions for FY-2018 have started arriving and this year, CIS is going after entry level wages for H1B jobs.

Here's the scoop:

H1B visas are reserved for highly skilled foreign workers in specialty occupations. This means a candidate must hold a US bachelor's degree or higher, or its equivalent to qualify, and the job must be specialized to the point of requiring a minimum of that degree or degree equivalency to perform its duties. Part of the petition is the employer submitting a Labor Conditions Application which indicates that the H1B employee will make prevailing wages for that job in that geographic location for companies of that size. Some of these jobs pay entry level wages.

That's where employers have been running into trouble this year. CIS has been consistent in issuing RFEs for candidates making entry level wages because there is question as to whether these entry level jobs are adequately specialized to meet H1B educational requirements.

While the rationalization behind this is that many entry level jobs do not require a US bachelor's degree or higher or its equivalent, many professions DO require this education to gain entry to the field.

At TheDegreePeople.com, we work with RFEs and difficult cases on a regular basis and understand what CIS is really looking for in the evidence they request. If your client received an RFE for having an entry level wage, visit ccifree.com/ for a free consultation.  

8 Comments

commented Sep 13, 2017 by neiljakson
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commented Sep 21, 2017 by jacksjohan

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commented Oct 20, 2017 by cora

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commented Jan 31 by Jayden

it help the skilled & talented workers. i want to  do my assignment early, so i can search more knowledge about it. it means candidate must have bachelor's  degree, equivalent or higher. 

commented Mar 1 by anonymous

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commented Apr 13 by anonymous
commented Apr 13 by ellis

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