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Last year, the Level 1 Wages RFE shocked computer programmers and their employers and lawyers. This year, we’re seeing RFEs that effect beneficiaries of all wage levels, and this tends to be combined with questions about the specialization of the job in question.
Here’s how it works: if the wage is set at a level CIS feels does not meet the H1B job, they will request more information regarding meet the prevailing wage requirement, and in many cases, regarding job specialization. That’s because CIS assumes that jobs set at level 1 wages it is an entry level position. If the job at the assumed skill level does not always require a minimum of a US bachelor’s degree or higher, CIS will question whether the job meet H1B specialization requirements.
Determining the wage level of a job takes a multitude of factors into consideration, including industry standard, company size, geographic wage levels, the level of training and supervision the beneficiary will require, and beneficiary qualifications. When addressing specialization, you will need to break down the responsibilities of the job and the skills and knowledge required to carry them out to show that the job meets specialization requirements. If this job in similar companies in the industry does not normally require an advanced degree, you will have to clearly show why this job is uniquely specialized and that an advanced degree requirement is consistent with past employment practices.
In your RFE response, all of these factors will need to be listed, explained, and analyzed in an expert opinion letter. At TheDegreePeople we have experts on hand 24/7 that can address both wage level and specialization in one letter, saving you time and money. Every year, we answer difficult RFEs and we get them overturned. For a free review of your case, visit EvaluationCredentials.com. We will get back to you in 48 hours or less.