Dealing with an H-1B visa petition often becomes challenging, especially when a Request for Evidence, or RFE, is issued by USCIS. Among the most common and preventable reasons for an RFE are problems related to wages and the Labor Condition Application (LCA). Paying attention to these two areas from the start helps prevent unnecessary delays and complications. H-1B wage issues are often at the heart of these RFEs, making them a critical area for employers to focus on.
This article explains the role of the LCA, how wage levels are reviewed by USCIS, and the common mistakes that lead to RFEs. It also describes how employers avoid H-1B wage issues by maintaining accuracy and consistency in all documentation.
What is an RFE?
A Request for Evidence (RFE) is an official notice from USCIS that asks for additional documents, clarification, or proof related to an H-1B visa petition. It usually means the reviewing officer needs more information before making a decision. While receiving an RFE does not indicate denial, it does stop the review process until the employer submits the requested materials. Responding properly takes time, effort, and precise documentation.
RFEs are quite common in H-1B cases. Many arise from small errors or missing details that could have been avoided with careful review before filing. Among the most frequent causes are inconsistencies in wage information or mistakes in the Labor Condition Application (LCA). These issues often lead USCIS to question whether the employer has met compliance requirements, with H-1B wage issues being one of the main triggers.
Understanding the Labor Condition Application (LCA)
The Labor Condition Application, or LCA, plays a central role in every H-1B petition. It is a document certified by the U.S. Department of Labor that confirms the employer’s compliance with wage laws and fair working conditions for the foreign employee. By certifying an LCA, the Department of Labor ensures that hiring a foreign worker will not negatively affect the wages or job opportunities of U.S. workers. The LCA outlines key details such as the job title, work location, wage rate, and employment period, forming the basis for USCIS to review the petition.
The information in the LCA has to align perfectly with what appears in the H-1B petition. The job title, salary, and location needs to be consistent throughout the filing. Even a small difference—such as a mismatch in office address or job designation triggers questions about compliance and leads to H-1B wage issues. Accuracy in the LCA is more than paperwork; it determines whether USCIS considers the offered salary fair, appropriate, and in line with labor market standards for that position.
Wage levels and USCIS review
USCIS classifies wages into four levels based on the complexity of the job and the amount of experience required for the position. Level 1 applies to entry-level workers who perform basic duties under close supervision. Level 2 covers roles that require some experience and judgment in carrying out tasks. Level 3 applies to experienced professionals with advanced skills, while Level 4 represents senior-level employees who handle complex responsibilities and often provide guidance to others. These wage levels help USCIS determine whether the pay offered to a foreign worker matches the role’s difficulty and required expertise.
Problems often occur when employers classify a position as Level 1 while describing it as a specialty occupation. USCIS officers have grown increasingly cautious about this combination, especially when the duties listed show a need for specialized knowledge or independent judgment. Officers question how a role that demands advanced technical or analytical skills could be considered entry-level. This concern is especially common in industries like technology, finance, and engineering, where even new hires are often expected to manage complex systems, tools, or data. When the wage level does not match the job’s responsibilities, USCIS may issue an RFE asking for clarification or justification.
Example Case: Software Engineer at level 1 wage
Consider a case where an employer in New York filed an H-1B petition for a Software Engineer at a Level 1 wage. The job description outlined duties such as advanced programming, system design, and handling complex technical projects. When USCIS reviewed the petition, it questioned how a role requiring such high-level skills could be categorized as entry-level, highlighting H-1B wage issues.
In response, the employer clarified that the employee would begin under close supervision, performing limited tasks while gaining familiarity with the company’s systems and processes. Over time, the worker’s responsibilities would expand in scope and independence. To support this explanation, the employer provided data from recognized wage surveys and industry benchmarks showing that the salary offered matched typical entry-level pay for similar roles in the New York market. This example demonstrates that while USCIS allows flexibility, employers need to clearly justify why a position qualifies for a particular wage level. Detailed documentation and consistent reasoning helps prevent confusion, whereas vague or incomplete information often results in an RFE.
Common mistakes leading to wage and LCA RFEs
A number of recurring mistakes cause wage-related RFEs during the H-1B review process. One of the most frequent errors is inconsistency in job titles or job descriptions. Even minor differences between what appears on the LCA and what is listed in the H-1B petition raise questions about accuracy. For instance, if one document refers to the role as a “Software Developer” while the other says “Software Engineer,” USCIS may assume the employer submitted incomplete or inaccurate information. Another common issue involves mismatched work locations. If the LCA lists one city or office and the petition mentions a different site, USCIS might suspect that the wrong wage level was selected for the area where the employee will actually work.
Wage level classification errors are another frequent source of RFEs. Employers sometimes assign a Level 1 wage to a role that clearly involves advanced or specialized duties, which makes USCIS question whether the position truly qualifies as a specialty occupation. Beyond that, some employers fail to provide evidence supporting their wage determinations. Submitting wage surveys, market benchmarks, or compensation reports helps show that the offered salary matches what similar roles earn in that region. Without this kind of supporting data, USCIS may view the salary as unsubstantiated, leading to additional scrutiny or a request for more documentation.
How employers avoid wage and LCA RFEs
Avoiding wage and LCA RFEs depends on maintaining accuracy, consistency, and strong documentation throughout the filing process. Before submitting an H-1B petition, employers need to carefully review all forms and supporting materials to ensure that every detail matches the Labor Condition Application. The job title, salary, and work location needs to be identical across all documents. Even a small variation, such as a slightly different job title or address, It makes USCIS question whether the filing accurately reflects the actual employment terms. Careful internal review helps prevent these unnecessary complications.
Selecting the appropriate wage level for the position is another key step in avoiding RFEs. The chosen wage has to align with both the difficulty of the job and the employee’s experience level. Assigning an entry-level wage to a role involving specialized or advanced duties often attracts attention from USCIS. When in doubt, employers needs to include evidence such as market wage surveys, industry reports, or regional pay data to show that the salary offered is fair. For entry-level roles, explaining how the employee’s responsibilities will expand over time also help. Employers who are uncertain about this process often seek guidance from immigration attorneys or HR specialists who regularly handle H-1B cases to ensure every detail is correct before filing.
Why USCIS focuses on wage accuracy
Wage accuracy is one of the most closely reviewed parts of any H-1B petition. USCIS does not view discrepancies in salary as minor errors; instead, they are often seen as indicators of potential noncompliance with labor laws. When the salary listed on the Labor Condition Application does not match the petition, or if it appears unusually low for the duties described, USCIS may question whether the employer is following proper wage requirements. Such inconsistencies lead to penalties, additional scrutiny, or even denial of the petition, making accurate wage reporting essential.
Accurate and consistent wages demonstrate that the employer is complying with labor regulations and providing fair compensation to foreign employees. When wage data aligns with the complexity of the role and the experience required, it reassures USCIS that the employer handles compliance carefully. Errors in wage figures, mismatched job descriptions, or incomplete documentation create doubts about the legitimacy of the petition. These mistakes may trigger delays, an RFE, or in some cases, rejection, highlighting the importance of meticulous attention to every detail in the filing process.
USCIS carefully examines wage accuracy in every H-1B petition. Errors in salary are rarely seen as minor, as H-1B wage issues may suggest noncompliance with labor laws. Demonstrating accurate compensation reassures USCIS that the employer follows regulations and reduces the likelihood of RFEs, processing delays, or penalties.
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