There are numerous qualifications that must be met in to avoid receiving an H1B LCA Wage Level RFE. These are the four major components necessary:
- The H1B employee’s wages must correspond with the guidelines outlined in the US Department of Labor’s Occupational Outlook Handbook.
- The H1B employee’s wages must be in the same range as other US companies of approximately the same size.
- The H1B employee’s wages must be compatible in comparison with the same job within the industry.
- The H1B employee’s wages must correspond with current wage levels for the same job in their geographical location.
One wage level issue that proved to be prominent last year was due to CIS judging that the wage level assigned by the employer was not in compliance to meet H1B requirements. In many of these cases, CIS declared the wage level too low for the level of specialization required for the position.
Possibly the most frequent RFE from last year was concerning Level 1 Wages that affected many IT positions. Some of the positions affected were: computer systems analyst, business analyst, software developer, and QA analyst. The issue arose when CIS assumed, from the wage level indicated that it was an entry-level position.
As with all other aspects of Immigration, numerous factors are used to determine the appropriate wage levels. For anyone receiving a Wage Issues RFE, it simply means the original application did not include adequate information and evidence proving the H1B employee would be earning the appropriate wage for the position.
If there is a difference in the wage level of the employee listed in the petition and the level indicated for that job title in the Occupational Outlook Handbook, a Specialty Occupation Expert Opinion Letter is needed in response to the RFE. A high-quality Specialty Occupation Expert Opinion Letter is concisely written and gives clear and specific explanations as to why the wage level assigned by the employer for this specific job meets H1B requirements.
The staff at Eagle Consulting LLC are here to help you with all your Immigration and Visa needs. While even the best application doesn’t guarantee an acceptance letter, a well prepared and thoroughly proofed Specialty Occupation Expert Opinion Letter does allow for the best possible chance of acceptance. If an RFE is issued, we can offer a Specialty Occupation Expert Opinion Letter written by Dr. Dawn Sullivan. Dr. Sullivan’s letters hold one of the highest ratings of acceptance in the industry.
For a free consultation visit http://www.eaglepcconsulting.com/free-analysis/