There have been reports from the immigration colleagues that USCIS is assessing whether the selected wage level aligns with the job’s duties and requirements. Specifically, USCIS seeks to align the LCA OES wage with DOL’s Prevailing Wage guidance from 2009.
USCIS is increasingly focusing on whether the job description, minimum requirements and terms and conditions support the wage level selected. Complex roles requiring advanced degrees, specialized skills, or supervisory duties may raise concerns if paired with lower wage levels. As a result, inconsistencies between the wage that appears in the LCA and the listed job conditions are becoming a key risk area.
USCIS Analytical Focus (Reported Trends)
USCIS is evaluating:
- Experience requirements beyond typical norms
- Advanced or specialized education
- Use of niche or complex skills
- Supervisory or management responsibilities
If multiple factors indicate a more advanced role, USCIS may question whether the wage level is appropriate.
Compliance Consideration
Employers should work closely with counsel to ensure that job duties, requirements, and terms and conditions align with the Department of Labor’s Prevailing Wage Determination Guidance, Nonagricultural programs (2009).
Practical Steps
- Align job descriptions with wage level selection
- Document rationale consistent with DOL guidance, Appendix B and C
- Review existing H-1B roles for consistency
- Ensure coordination across HR, compensation, and legal teams
Impact:
Wage level is becoming a central issue in H-1B adjudications. Proactive alignment and documentation are key to reducing risk and maintaining program stability.
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