Responding to H-1B RFEs Raising “Level 1 Wage” Issues - Recording (.MP3)
As USCIS ramps up the adjudication of FY2018 H-1B cap cases, AILA members are reporting the receipt of numerous requests for evidence (RFEs) raising issues where a Level 1 wage is indicated on the labor condition application (LCA). Join us for this late-breaking seminar for a discussion of this recent development. Our panelists will dissect the issues and strategize on how to respond to an RFE or Notice of Intent to Deny (NOID) that raises a Level 1 wage issue. They also will instruct on best practices for preparing petitions that will help attorneys avoid an RFE or NOID.
- Breaking Down the Issues
- USCIS Claim: A Level 1 Wage Is Inappropriate Given the Complexity of the Job Duties
- USCIS Claim: The Position Is Not a “Specialty Occupation” Because the Level 1 Wage Indicates It Is an Entry-Level Position
- Strategies for Responding to RFEs and NOIDs
- Strategies for Avoiding RFEs and NOIDS in the Future
- Is Litigation an Option and/or the Solution?