Success Stories/Immigration/H-1B Specialty Occupation/Mental Health Counselor: Approved Without RFE Despite Variable Pay
No RFE

Approved despite variable pay

Mental Health Counselor

Background

F holds a bachelor's degree in clinical psychology and a master's in clinical mental health counseling, and works as a Mental Health Counselor at a mental health services company, with pay that varies by workload.

Challenges

The mental health industry already faces strict scrutiny, and a non-fixed pay structure made it harder to prove the position was both specialized and reasonable.

Strategy

We used the LCA wage range to set the petition parameters appropriately and repeatedly emphasized in the materials the reasoning behind the position's pay structure.

Outcome

Approved without RFE, just ahead of the 10/1 deadline (filed 05/26 · approved 09/28, 2025).

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