Department of Labor — Attorney Blog - Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

Posts tagged Department of Labor

H-1B Wage Level 1 RFEs: Specific Actions to Take

USCIS has adopted the inappropriate practice of using wage levels to help determine whether a H-1B position is a specialty occupation. Here are some specific actions petitioners may take in securing a favorable outcome.

Ekaterina PowellJanuary 19, 2018H-1B Specialty Occupation Visa, Department of Labor, DOL, USCIS, United States Citizen and Immigration Services, Wage Levels, Labor Condition Application, LCA, Education, Employment-Based Visas, Degree, Business Immigration Attorney, San Diego, San Francisco, Silicon Valley, Los AngelesComment

Strategies for Combating Level 1 Wage RFEs for H-1B Petitions

Each and every argument USCIS uses in justifying its use of wage levels to determine an H-1B position's specialty occupation eligibility is propped up by flaws that, if appropriately expounded upon, may assist in obtaining a favorable adjudication.

Ekaterina PowellJanuary 16, 2018H-1B Specialty Occupation Visa, Department of Labor, USCIS, DOL, United States Citizen and Immigration Services, Wage Levels, Business Immigration Attorney, LCA, Labor Condition Application, San Diego, San Francisco, Los Angeles, Silicon ValleyComment

USCIS Now Issuing H-1B Specialty Occupation RFEs Due to Low Wage Levels

In a startling new trend, USCIS has begun issuing RFEs to H-1B petitions claiming Level 1 and 2 wage levels. What has led to this sudden occurrence, and is there any reasonable justification?

Ekaterina PowellJanuary 15, 2018H-1B Specialty Occupation Visa, Business Immigration Attorney, Requests for Evidence, Trump Administration, Employment-Based Visas, Wage Levels, Job Zones, USCIS, Department of Labor, United States Citizen and Immigration Services, American Immigration Lawyers Association, San Diego, Los Angeles, Silicon Valley, San FranciscoComment