Understanding Recent H-1B Visa Challenges: How to Avoid Wage Level 1 RFEs
The H-1B visa has long been one of the most trusted employment-based visa categories for U.S. employers seeking to hire skilled foreign professionals. Its rules and adjudication standards were once straightforward—until recent policy shifts changed the landscape. In response to the “Buy American, Hire American” executive order, U.S. Citizenship and Immigration Services (USCIS) has significantly tightened scrutiny of H-1B petitions, especially those filed at Wage
Level 1. These changes have led to a surge in Requests for Evidence (RFEs), leaving many applicants uncertain about how to proceed.
At Green Card Link, our immigration attorneys carefully guide employers and professionals through this evolving process. If you’re unsure what an H-1B Wage Level 1 RFE means—or want to avoid receiving one altogether—this guide explains what’s happening and how you can prepare a strong petition.
The Impact of “Buy American, Hire American” on H-1B Petitions
Under the federal initiative to prioritize U.S. workers, the USCIS has introduced multiple measures to detect and prevent H-1B visa fraud or abuse, including:
- Strengthened enforcement and reporting programs to identify fraudulent filings;
- Updated memoranda clarifying requirements for computer-related and other specialized positions;
- Heightened scrutiny of employer-employee relationships and wage levels.
While the intent behind these changes is to ensure fairness in the labor market, it has also made H-1B adjudications far more complex. Many petitions that were once easily approved are now questioned if they lack sufficient evidence showing that the position truly qualifies as a “specialty occupation.”
A well-prepared petition—with robust documentation and expert legal support from immigration attorneys at Green Card Link—remains the best protection against RFEs or denials.
Specialty Occupations: Meeting the Definition Under U.S. Immigration Law
For H-1B purposes, a specialty occupation is defined under INA §214(i) as one that requires both:
- Theoretical and practical application of highly specialized knowledge, and
- A bachelor’s or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation.
Petitioners must clearly demonstrate that the offered position—and the beneficiary’s qualifications—meet these statutory requirements. Submitting a degree that merely relates to a general field is insufficient; the degree must align directly with the specialized duties of the role.
If the USCIS questions whether your degree qualifies or issues an RFE, your next step is to provide additional evidence linking your educational background to the job’s technical requirements.
Wage Levels and DOL Criteria: Aligning With Government Standards
Another critical aspect of the H-1B process involves compliance with the Department of Labor (DOL) wage level system. The DOL determines the prevailing wage criteria, while USCIS evaluates whether the petitioner has properly classified the job within that framework.
Petitioners must therefore demonstrate that the chosen wage level accurately reflects the nature of the role—especially for entry-level (Level 1) positions. The USCIS ultimately decides whether a position qualifies as a specialty occupation, so it is essential to provide clear, consistent, and detailed supporting documentation from the outset.
Common H-1B RFEs and How to Address Them
RFEs are often triggered when the USCIS believes that the evidence does not sufficiently demonstrate that the position meets specialty occupation standards. The most frequent types include:
- USCIS Challenges the Job Level:
If the duties described in the petition appear too advanced for a Level 1 wage, USCIS may argue that the position was misclassified. In such cases, petitioners must show that the role is indeed entry-level and that the assigned wage aligns with industry standards. - USCIS Questions Whether a Level 1 Position Qualifies as a Specialty Occupation:
Recently, some adjudicators have claimed that a Level 1 wage implies the position cannot be a specialty occupation. This interpretation is flawed—but increasingly common. Skilled immigration attorneys at Green Card Link can respond effectively by separating the concepts of wage level and occupational complexity, clarifying that the two are not inherently connected. - Combined or Overlapping RFEs:
In some cases, USCIS may issue RFEs that combine both arguments, requiring the petitioner to simultaneously justify the wage level and the specialty occupation designation.
How Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys have a deep understanding of H-1B adjudication trends, policy memos, and evidence standards. We assist clients in crafting petitions that are not only compliant but persuasive—anticipating USCIS scrutiny before it happens.
Whether you are preparing a new H-1B filing or responding to an RFE, the attorneys at Green Card Link can help ensure your petition demonstrates clear eligibility under current U.S. immigration law.
Understanding How Wage Levels Relate to Occupations in H-1B Visa Petitions
When applying for an H-1B visa, it’s essential to understand how Department of Labor (DOL) wage levels correspond to your occupation. Many applicants mistakenly assume that wage levels directly match job titles, but that’s not the case. According to the DOL, Level 1 wages are not automatically assigned to entry-level roles based on occupation alone. Instead, wage levels depend on the complexity of job duties, independent judgment required, and the degree of supervision in the role.
In simple terms, even highly educated professionals—such as doctors, scientists, or engineers—may begin with Level 1 wages if they are performing entry-level tasks. A degree itself does not guarantee a higher wage level. Rather, the DOL wage guidelines emphasize that pay should be consistent with the nature and complexity of the work performed.
As stated in DOL policy:
“The wage level should be commensurate with the complexity of tasks, independent judgment required, and the amount of close supervision received as described in the employer’s job opportunity.”
Therefore, a specialty occupation professional may still qualify for a Level 1 wage if the role involves structured supervision or early-career learning. If U.S. Citizenship and Immigration Services (USCIS) questions why Level 1 wages are assigned, your immigration attorney at Green Card Link can help demonstrate that the designation accurately reflects an entry-level position—not a lack of specialized skill.
Determining the Appropriate Wage Level and Specialty Occupation Status
Employers can review the Standard Occupational Classification (SOC) code listed on the Labor Condition Application (LCA) to confirm the educational requirements of a specific job.
To further support the petition, Green Card Link’s immigration attorneys recommend including:
- Supporting letters from academic experts verifying that the degree is essential for the occupation.
- Evidence of Optional Practical Training (OPT) or related professional experience.
- Industry references or expert opinions validating that the occupation qualifies as a specialty role even at Level 1 wages.
Employers can also present comparative evidence—such as the responsibilities of other employees in similar positions—to show that the job duties align with standard expectations for an entry-level specialty occupation.
It’s important to note that forcing an unnecessary wage increase for one position could lead to inflated labor costs across similar roles. That’s why it’s both strategically and financially sound to justify Level 1 wages where appropriate.
How to Prevent a Request for Evidence (RFE)
The most effective way to avoid an RFE (Request for Evidence) is to prepare a comprehensive, well-documented petition. This includes strong evidence of your educational qualifications, detailed job descriptions, industry wage data, academic references, and expert letters.
Applicants should not assume that simply holding a university degree guarantees approval. The burden of proof lies with the petitioner to clearly demonstrate eligibility under H-1B specialty occupation requirements.
In some cases, employers may choose to raise the wage level before filing if the role’s complexity clearly exceeds entry-level standards. This proactive approach can minimize potential challenges and streamline approval.
How the Immigration Attorneys at Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys specialize in complex H-1B visa matters, including RFEs and wage-level challenges. With decades of combined experience, the team has guided thousands of clients through the visa process—from initial petition preparation to addressing unforeseen complications.
Whether you’re an employer filing for a skilled professional or a foreign worker seeking to secure your U.S. work visa, Green Card Link’s immigration attorneys provide personalized, results-driven representation every step of the way.
You can schedule a consultation today with an immigration attorney at Green Card Link to discuss your case and receive tailored guidance for your H-1B application.