How to Avoid the Level 1 Prevailing Wage RFE

Level 1 Prevailing wage RFE for H-1B Visa

It has now become clear that USCIS is doing everything in their power to deny H-1B petitions with a level 1 prevailing wage.

In our practice we have seen that level 2 and higher prevailing wage petitions are approved without a wage level RFE.

Background:

The prevailing wage level is determined by the petitioning employer’s minimum requirements for the position.

The requirements include the minimum education necessary to competently perform the job, and the minimum amount of experience. Other factors are also considered, including any required special skills.

Solutions:

Employers opting to select wage level 2 or higher on their H1B petitions are able to avoid the problems of wage level 1 RFEs, regardless of their minimum requirements for the position.

The employer’s offered salary must be equal to or above the level 2 prevailing wage in order to avoid the problems of wage level 1 RFEs.

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