Handling H-1B Wage Level RFEs and Questions About Entry Level Roles

Wage level Requests for Evidence are a common issue in H-1B cases, particularly when a position is filed under Level 1 wages. U.S. Citizenship and Immigration Services often examines whether an entry level role truly requires a bachelor’s degree and whether the wage offered reflects the responsibilities of the position. If these concerns are not addressed clearly, they can lead to RFEs or even denials.

This issue appears frequently in computer programmer roles, where scrutiny has increased in recent years. Many applicants receive RFEs that question both the specialty occupation requirement and the wage level at the same time. This shift reflects changes in how USCIS evaluates positions that may not always require a bachelor’s degree, making outcomes less predictable for roles that were once routinely approved.

Why Level 1 Wages Raise Questions

A central challenge lies in how specialty occupation requirements are interpreted. Regulations state that a position normally requires a bachelor’s degree, but in practice, officers may expect this to be true in nearly all cases. This creates difficulty for positions classified at Level 1 wages, where employees are often at an early stage in their careers and may work under supervision or receive training.

As a result, USCIS may question whether the role is truly specialized or whether the wage level suggests a position that does not require advanced education.

Explaining Wage Level Determination

Responding to this type of RFE requires detailed documentation that explains how the wage level was determined. Comparisons with similar roles in the same industry and geographic location can help provide context. It is also important to show that employees in H-1B positions may meet educational requirements while still being early in their professional development, which can justify a lower starting wage.

The Role of Expert Opinion

Expert opinion letters are often included to strengthen these responses. These letters typically come from professionals with direct industry experience, particularly those who have been involved in hiring for similar roles. USCIS places greater weight on opinions from individuals with practical knowledge of the field rather than purely academic experience. Their perspective can help explain both the nature of the role and the appropriateness of the wage level.

Supporting Evidence at the Filing Stage

Preparation at the time of filing can also influence how a case is reviewed. Documentation such as job postings that list degree requirements, examples from comparable companies, and records of past hiring practices can help establish that the role is specialized. These materials provide context for both the job duties and the wage level selected.

Addressing Wage Level RFEs

Wage level RFEs focus on whether the position meets the definition of a specialty occupation and whether the compensation aligns with that classification. Clear explanations supported by consistent documentation can help address these concerns.

When the relationship between job duties, educational requirements, and wage level is presented in a structured and well supported manner, the questions raised during review can often be resolved.