Additional Information Needed for RFE’s

Subsequent to the USCIS memorandum and announcements from various government agencies regarding increasing enforcement, immigration practitioners have started seeing RFE’s requesting additional information pertaining to Level 1 wages.

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Aug 01, 2017
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Subsequent to the USCIS memorandum and announcements from various government agencies regarding increasing enforcement, immigration practitioners have started seeing RFE’s requesting additional information pertaining to Level 1 wages. Specifically, the RFE’s have summarized the DOL’s Level 1 definition and indicated that the petitioning employer’s assertion that the position is a specialty occupation by virtue of the highly complex job duties is in conflict with the Level 1 wage classification. The RFE continued to point out that based on information from the DOL’s OOH, some employers only require a postsecondary certificate for the position selected[1] and, therefore, “a bachelor’s degree in a specific specialty does not appear to be a minimum requirement.” We anticipate employers will see more scrutiny over petitions selecting Wage Level 1 and especially those which the OOH does not specifically require a minimum of a U.S. bachelor’s degree or its equivalent.

Article Written by FLG Attorney: Melissa Winkler.  Please contact Mrs. Winkler at melissa@employmentimmigration.com with any questions.

[1] The RFE our office received was for a Network and Computer Systems Administrator position.

[1] 8 CFR 214.2(h)(4)(ii); 8 CFR 214.2(h)(4)(iii)

[1] The RFE our office received was for a Network and Computer Systems Administrator position.

[1] https://www.dol.gov/newsroom/r...

Go to the profile of Desiree Schulz

Desiree Schulz

Manager of Global Operations, Fakhoury Global Immigration

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