After receiving a detailed Request for Evidence (RFE) from USCIS, our client—a U.S. retail company seeking to employ a Market Research Analyst—faced a serious risk of denial. The situation was further complicated by the fact that the initial H-1B petition had been prepared and filed by the company without the assistance of an attorney, resulting in inconsistencies that later drew scrutiny from USCIS.
USCIS questioned whether the position qualified as a specialty occupation, focusing primarily on what it viewed as a contradiction between a Level I wage designation and a role that referenced a master’s degree preference. Cases involving Level I wage combined with advanced degree requirements are increasingly scrutinized and frequently denied if not carefully addressed.
As a legal baseline, an H-1B position must require at least a bachelor’s degree or equivalent in a specific field. In this case, the employer’s reference to a master’s degree—although intended as a preference—became a central issue in USCIS’s analysis.
At this critical stage, our team at the Law Offices of Sabrina Li developed a carefully structured and strategic response to address these concerns directly. The case was approved within just three weeks of submitting the RFE response.
In the RFE, USCIS raised several concerns, with its primary focus on the perceived inconsistency between the Level I wage designation and the employer’s preference for a master’s degree. The agency relied on O*NET data to assert that comparable roles generally require only a bachelor’s degree and therefore concluded that the selected wage level did not align with the position.
This reflects a common pattern in H-1B adjudications. USCIS often assumes that a higher educational requirement must correspond to a higher wage level. However, this approach can overlook a key point: the wage level is determined by the nature of the job duties and level of responsibility—not simply the degree level.
Because the petition had already been filed, our approach was to work within the existing record while strengthening how the position was presented. This type of issue requires not only a clear understanding of H-1B regulations, but also the ability to reconcile how USCIS evaluates wage levels in practice.
We demonstrated why the role benefits from advanced academic training, particularly in areas such as data modeling and consumer behavior analysis, without elevating the role to a senior-level position. At the same time, we clarified that the position centers on applying established methodologies under supervision and does not involve independent strategic control, confirming that it remains consistent with a Level I classification.
We further grounded our argument in Department of Labor guidance and USCIS policy, emphasizing that technical sophistication alone does not mandate a higher wage level. By aligning the job duties with the regulatory framework, we were able to directly address and resolve USCIS’s concerns.
In addition to the wage challenge, we resolved concerns regarding the petitioner’s operational status by submitting comprehensive documentation. We proved the company was actively operating, generating revenue, and maintaining a legitimate worksite, effectively restoring the petition’s credibility.
Within just three weeks of submitting the RFE response, USCIS approved the H-1B petition. Despite the agency’s initial concerns—particularly regarding the wage level issue—the strength of the response led to a swift and favorable outcome.
Whether you are filing for the first time or need to correct a petition prepared without legal guidance, the right strategy can make the difference between denial and approval. Many of our clients come to us after encountering issues in filings prepared without legal support, and we are experienced in turning these cases around.
If you or your company are pursuing an H-1B petition, don’t face it alone. Contact the Law Offices of Sabrina Li at (213) 375-8096 or email info@sabrinali.law. We are ready to advocate for your success and help you achieve your American dream.
Phone: (213) 375-8096
Email: info@sabrinali.law
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