Success Stories


[H] Fashion Designer’s H-1B approved after our successful Wage Level 1 RFE response 10/16/2017

The client is a fashion designer working for a small fashion brand company in New York City pursuant to his OPT authorization. Since this client had a limited experience as a recent graduate and the offered position is an entry-level position that does not require experience or any supervision of subordinate employees, we filed an H-1B petition with an LCA with level 1 wage as certified by the Dep’t of Labor. Recently, we received an RFE challenging that the offered position’s complex duties do not appear to be an entry-level position sufficiently supported by the LCA’s level 1 wage classification. In response to the RFE, our experienced immigration attorneys including immigration litigation attorneys at Song Law prepared a response with strong legal arguments based on thorough analysis of the RFE and relevant regulations, arguing that none of the considering factors in determining a wage on LCAs is directly related to the complexity of the job duties or finding of a specialty occupation based on the USCIS’s and DOL’s pertinent regulations and guidelines. Our client’s H-1B petition (without premium processing request) was ultimately approved in only two weeks of filing the RFE response. Congratulations!  

H-1B RFE 관련 칼럼 보기