H-1B Approved Despite Level 1 Wage


On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which sought to create higher wages for U.S. workers. As a result, USCIS began denying H-1B applications that were filed under a “Level 1” wage rate. In the first positive decision issued by the AAO since the Executive Order, USCIS reversed the denial of an H-1B visa petition, finding that Attorney Furqan’s client properly used a Level 1 wage for the job of a Geotechnical Engineer in Training (EIT), and that the H-1B visa petition adhered with the correct, five-step procedure for determining the appropriate wage level for the job. Matter of B-C-, Inc. (Jan 25, 2018). This was another powerful ruling that clarified for USCIS that a level 1 wage does not automatically disqualify an H-1B employer from establishing that the position offered is a specialty occupation.

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