Additional Information Needed for RFE’s

Additional Information Needed for RFE’s

Article Published on:  July 27, 2017

Article Written by FLG Attorney: Melissa Winkler

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.

[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/releases/opa/opa20170606