Responding to H-1B RFEs Raising “Level 1 Wage” Issues - Recording (.MP3)

Responding to H-1B RFEs Raising “Level 1 Wage” Issues - Recording (.MP3)

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Special Recording Pricing for Members: $99
Recorded 08/31/2017
CLE Eligible No
Length 90 min.
Format MP3
SKU AS2017-08-31-DL


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.

Featured Topics

  • 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?
Due to the late-breaking nature of the program and jurisdictional requirements, CLE credit is not available for this seminar.


Sarah K. Peterson is the founder of SPS Immigration PLLC based in Minneapolis, MN. Her employment-based practice focuses on physicians, academia, and high-tech companies. Ms. Peterson actively participates in AILA on both a local and national level. She currently serves as Chair of AILA's DOL liaison committee and has been an active Elected Director on the AILA Board of Governors since 2012. Ms. Peterson was recognized in 2016 and 2017 as one of 40 Up and Comers in Employment Law by HRE/Law Dragon and is listed in the International Who's Who of Corporate Immigration Lawyers since 2014. She frequently speaks with the press and travels internationally to speak on employment-based immigration. Sarah is scheduled to teach an advanced immigration law class at the University of Minnesota Law School in 2018.

Dagmar Butte is a shareholder at Parker Butte & Lane where she practices business and family immigration for individuals and corporate clients in high tech, health care, engineering, education and a variety of other sectors. She writes and speaks frequently on immigration law throughout the U.S. Ms. Butte, an Elected Director of the AILA Board of Governors, received two AILA Presidential Commendations, has been listed as a SuperLawyer since 2008, is listed in Who's Who Among Business Immigration Lawyers and Chambers USA, served on then-candidate Barack Obama's Immigration Policy Committee and received the Oregon AILA 2009 Gerald H. Robinson Excellence in Immigration Advocacy Award. She currently serves on the USCIS HQ Committee and Business Immigration Response Taskforce. In her spare time, Ms. Butte is an adjunct professor teaching international law at Lewis & Clark Law School.

Matthew D. Stump maintains a focused practice on employment-based nonimmigrant and immigrant business visa matters, I-9 and corporate compliance and federal mandamus litigation. He has extensive experience representing industry-leading scientists, professors, artists, musicians, athletes and entrepreneurs as well as counseling corporations, universities, and government agencies on obtaining visas and green cards for foreign-national employees. Mr. Stump's expertise includes Hs, Ls, TNs, Os, Ps, Es and many other nonimmigrant visa categories as well as extraordinary ability, outstanding researcher, multinational manager, and national interest waiver green card categories. He places special focus on counseling clients through the U.S. Department of Labor Alien Labor Certification (PERM) process. Mr. Stump is Chair of AILA's Service Center Operations (SCOPS) Liaison Committee and serves as a member of AILA's HQ Liaison Committee. He served as Chair of AILA's Vermont Service Center Liaison Committee from 2015 to 2017 and has served on AILA's SCOPS, Ombudsman, Interagency, and National Distance Learning Committees.

The speaker's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the speaker's experiences and current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and the speaker's experiences may differ from your own.