USCIS increases scrutiny of H-1B petitions for entry-level roles

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.

Key points:

• 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.

BAL Analysis: BAL is working with clients individually to respond to requests for evidence. Companies may be asked to provide additional details of the job description and job duties for the H-1B role, evidence that the minimum job requirements include a bachelor’s degree and that the individual’s degree is related to the job, and proof of educational or other requirements for employees in similar positions.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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