Navigate the complexities of H-1B RFEs related to wage level discrepancies, especially in the context of the wage-weighted lottery.
An H-1B Request for Evidence (RFE) for wage level discrepancy is a growing concern, particularly with the wage-weighted lottery emphasizing higher-skilled roles. This page explains what triggers such RFEs, analyzes relevant 2026 data, and provides data-driven advice for employers and employees to prepare and respond effectively to USCIS scrutiny.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| FY2027 Level 1 Odds | ~15% | ↓ 8% |
| FY2027 Level 2 Odds | ~31% | ↓ 4% |
| FY2027 Level 3 Odds | ~46% | ↑ 3% |
| FY2027 Level 4 Odds | ~62% | ↑ 10% |
Our analysis of recent RFE trends shows that USCIS is increasingly scrutinizing the 'specialty occupation' requirement in conjunction with wage levels. A common trigger for wage level RFEs is when a Level 1 or 2 wage is proposed for a role with job duties that appear to require a higher level of expertise, suggesting the position might not truly be entry-level or that the wage doesn't reflect the complexity of the work.
When responding to a wage level RFE, focus on providing detailed documentation that unequivocally links the specific job duties to the chosen prevailing wage level. Avoid generic job descriptions; instead, provide organizational charts, project assignments, and supervisor affidavits that clearly define the entry-level nature or limited scope of the position.
The FY2027 H-1B lottery results, with significantly lower odds for Level 1 (~15%) and Level 2 (~31%) positions, underscore USCIS's heightened focus on ensuring H-1B visas are granted for truly specialized occupations. Wage level RFEs are a direct consequence of this scrutiny, as USCIS seeks to prevent the use of H-1B for roles that could be filled by domestic workers or that do not meet the 'specialty occupation' criteria at lower wage tiers.
Responding to a wage level RFE requires a robust, data-backed defense. Employers must demonstrate that the proposed wage accurately reflects the job's complexity, supervision level, and experience requirements. This often involves providing detailed evidence of the employee's specific duties, the organizational structure, and how the position fits within the prevailing wage determination framework. Get Wisa's data can help benchmark typical wage levels for similar roles.
Based on observed DOL and USCIS trends, here are typical scenarios leading to wage level RFEs:
It's a USCIS request for more evidence when the proposed H-1B wage level doesn't appear to match the job duties or the required experience for the position. USCIS questions if the role truly qualifies as a specialty occupation at that wage.
Increased USCIS scrutiny, especially with the wage-weighted lottery, means lower wage levels (Level 1/2) face higher review. USCIS wants to ensure H-1B is for highly skilled roles, not entry-level positions that could be filled domestically.
Evidence should include detailed job descriptions, organizational charts, supervisor affidavits, project assignments, and expert opinions. It must clearly demonstrate how the job duties align with the chosen prevailing wage level and specialty occupation requirements.
Not necessarily. An RFE is an opportunity to provide additional evidence. A well-prepared and comprehensive response, often with legal counsel, can successfully address USCIS concerns and lead to an approval.
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Search H-1B Sponsors on Wisa →It's a USCIS request for more evidence when the proposed H-1B wage level doesn't appear to match the job duties or the required experience for the position. USCIS questions if the role truly qualifies as a specialty occupation at that wage.
Increased USCIS scrutiny, especially with the wage-weighted lottery, means lower wage levels (Level 1/2) face higher review. USCIS wants to ensure H-1B is for highly skilled roles, not entry-level positions that could be filled domestically.
Evidence should include detailed job descriptions, organizational charts, supervisor affidavits, project assignments, and expert opinions. It must clearly demonstrate how the job duties align with the chosen prevailing wage level and specialty occupation requirements.
Not necessarily. An RFE is an opportunity to provide additional evidence. A well-prepared and comprehensive response, often with legal counsel, can successfully address USCIS concerns and lead to an approval.