H1B Recent Trends: The Wage Level 1 Conundrum

In the last year, USCIS has certainly increased its scrutiny on all cases, especially on H-1B cases.One tact that USICS has taken is to insist that, if an employer has used a Level 1 wage, then, without any further review of the position, USCIS can assume that it is an entry level position and is NOT a specialty occupation.  While to most people, this simply makes no sense, USCIS used this rationale (or lack there of) to deny many H-1B applications.  Finally, the Administrative Appeals Office, which overseas appeals of all H-1B denials, has ruled on one such case and overturned the denial.  The AAO stated;

There is no inherent inconsistency between an entry-level position and a specialty occupation.

We are very hopeful that this means that USCIS will take a more holistic approach and review all relevant documents in all such cases instead of denying a majority of such cases without really reviewing the relevant documentation.   Despite the above, it is still very important to include sufficient evidence with the initial application showing the specialty nature of the occupation.  Such evidence can include other job postings for similar positions, letters from other employers, CVs of other employees in the same position, etc.   Please do note, that each case is different and the type and amount of evidence needed will vary by case.  Please call our office with any specific questions.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.