H-1B transfer approved after a wage-level RFE
Background
Mr. W works in the U.S. in H-1B status. Early this year he moved to a logistics company as a logistics analyst. His new employer filed an H-1B transfer petition for him and upgraded it to premium processing in September.
Challenges
- USCIS issued an RFE questioning whether the Level I (entry-level) wage on the LCA matched the job requirements. The officer believed the data analysis tools and "proficient in" language in the support letter went beyond an entry-level position.
- Time was very tight. Mr. W had another pending application that needed the full content of this RFE response, and its deadline was close, so this response had to be completed quickly.
Strategy
- We drafted a support letter for the employer that tracked the Department of Labor's wage-level guidance, set out the minimum hiring requirements for the position, and showed that a Level I wage was appropriate: the skills in the original letter were preferred qualifications, not hiring requirements.
- We added the company's organizational chart, information on employees in similar roles, and samples of Mr. W's actual work to show from several angles that this was an entry-level analyst position.
- As soon as the RFE arrived we analyzed it, met with the client and gave a clear document list. The client and employer were quick to cooperate, and we filed the complete response the day after receiving all the documents.
Case Timeline
| Date | Milestone |
|---|---|
| January 21, 2026 | H-1B transfer petition receipted |
| September 2026 | Upgraded to premium processing |
| October 9, 2026 | USCIS issued an RFE |
| October 13, 2026 | Met with the client to set the response strategy and document list |
| October 18, 2026 | Client provided all documents |
| October 19, 2026 | We filed the complete RFE response |
| November 3, 2026 | H-1B approved |
Closing Note
A wage-level RFE looks like a single problem, "the wage was set too low." Behind it are the Department of Labor's wage-level rules, the logic of the LCA, USCIS's review standards, and how the three fit together. Only by understanding that whole system can you see where the officer is really stuck, what should and should not be said, and argue to the point instead of piling on documents. That is where an experienced attorney adds value. Mr. W's case went from meeting to filed response in under a week, the response was accepted the first time, and both of his applications can move forward.
Outcome
Approved November 3, 2026, on the first RFE response.