While initiating the LCA (Labor Condition Application) with the DOL (Department of Labor) for H-1B and E-3 specialty occupation categories, each specialty occupation position’s wages are divided into 4 levels by the Department of Labor (DOL). These start with Level 1 wages, for entry level positions into the occupations – employees who are closely supervised, and who exercise limited judgement. Wage Level 2 requires the employees to exercise more judgement. Levels 3 and 4 are for experienced, advanced personnel demonstrating mastery for their occupation. “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.”

Recently, we are seeing instances that USCIS officers have the notion if an employer offers a Level 1 wage to an employee, it is an indication that the position may not be a “specialty occupation”. In other words, to a USCIS officer, being of the lowest wage level means that the position may not require a bachelor degree at minimum. This is not correct, there are certain occupations for which you would need to establish that the degree is indeed important to that specific occupation.

What needs to be understood with respect to H1-B visas is that the wage level guidelines published by the DOL are in favor of awarding entry level 1 wages irrespective of occupation. However, there is no such connection and, in fact, the qualifications necessary for a position define a wage level as well as “specialty occupation” status.

In response to such RFEs, our experts provide an optional service of wage level analysis in the expert opinion. Our professors provide an additional analysis on whether the wage level designated at the time of filing is appropriate for the position based on the complexity of the job duties and that the position is, in fact, a Specialty Occupation and not merely an entry level position.