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How to Use the Level 1 Wages RFE as a Tool
It seems like every year CIS is coming out with a new difficult RFE to throw H1B beneficiaries and their employers and attorneys a curve ball.
This year, we were all caught off guard by the Level 1 Wages RFE that targets computer programmers. As with all other years, this RFE is an opportunity to strengthen your case, or your client or employee’s case when you respond to it. In fact, your response to this RFE should be viewed as a tool to do this, and to preempt a second round of RFEs.
When you respond to the Level 1 Wages RFE, it’s important to be aware of other risks involved in your case, or your client or employee’s case. Some jobs, like Computer Systems Analyst, are RFE magnets. Some degrees, like generalized degrees or the Indian three-year Bachelors degree, also attract a disproportionate number of RFEs. If a candidate’s degree is not an exact match for their H1B job, CIS is likely to issue another RFE about that issue when you answer the first. That’s why when we answer the Level 1 Wages RFE, we review our clients’ entire case and write a credential evaluation that preempts these situations.
Don’t let the Level 1 Wages RFE catch you off guard or distract you from the classic RFEs we’ve seen year after year, because they haven’t gone away.
For a no charge and no obligation review of your case, or your employee or client’s entire case, please contact us.
CASE STUDY: The Biggest Nightmare RFE Out There
You’ve heard of the Nightmare RFE and the Double Employment Issue RFE. Get ready, because this is about to be terrifying:
This RFE season is the harshest we’ve seen yet. Now, CIS is combining these RFEs. Candidates are now having to defend against requests for evidence regarding every facet of their education AND employment issues. The Nightmare on its own is virtually impossible to answer given the time and evidence demanded. Now, it’s even worse. We could call it the Triple RFE, but the best way to approach it is as one, single, consolidated RFE.
Go back to the basics. The Nightmare RFE cannot be answered by its own guidelines. Instead, at TheDegreePeople.com, we go back to the original H1B requirements and meet them impeccably. This requires a detailed credential evaluation that may include expert opinion letters, work experience conversions, citing federal case law, international education and labor agreements, and CIS precedent decisions to show that your client meets the educational requirements of both the H1B visa, and their job.
At the same time, we need to address the employment issues. These issues have had to do with whether or not the job in question is adequately specialized to meet H1B requirements. The issue arises when the job indicated on the employer’s Labor Conditions Application doesn’t meet the duties of the job indicated on the H1B petition exactly, and when the employer indicates Wage Level 1 for the H1B job. CIS contests that the job doesn’t match, and also that just because a job is at Wage Level 1 it is not specialized to the point of requiring a US Bachelor’s Degree or higher or its foreign equivalent. An expert opinion letter is needed in these cases that explains the situation, alongside documentation clearly spelling out the specialized responsibilities involved in the job. In many cases, employees start at Wage Level 1 because they are fresh out of college without much work experience, and while their job is adequately specialized, it still requires a lot of guidance and supervision.
You don’t have to address all three issues presented in the biggest Nightmare RFE out there with three separate responses. At TheDegreePeople.com, we have been able to successfully answer every one of these horrid RFEs in one fell swoop with a creative approach and an expert opinion letter that addresses both employment issues. If you’re staring down this terrifying RFE, simply go to ccifree.com/ and let us review your case for free.