Employers petitioning for H-1B visas for entry-level positions should be aware that U.S. Citizenship and Immigration Services is issuing a high number of requests for evidence in these cases.
- Employers should anticipate requests for additional documentation and the increased potential for adverse decisions for entry-level roles.
- Requests for evidence are being routinely issued in cases where the Labor Condition Application reflects a Level 1 wage on the grounds that the position does not qualify as a “specialty occupation” requiring a bachelor’s degree. Additionally, for positions requiring a bachelor’s degree, the agency is issuing these requests on the basis that a Level 1 salary is not appropriate for the job’s required skills.
- The requests for evidence are affecting entry-level positions across a range of sectors, including all computer occupations, as well as financial, engineering, accounting and medical occupations.