Establishing the Suitability of Alternate Prevailing Wage Data in H-1B Petitions

By Nikki Ummel

In the new H-1B weighted lottery system, more nuanced wage-related issues have triggered H-1B RFEs. We’ve seen a huge culprit of RFEs occur because a petitioner relied on an alternate prevailing wage source, including a private compensation survey, to establish the prevailing wage.

Although USCIS may recognize the survey itself as an independent authoritative source, they can still question whether the occupation and professional level selected within that survey appropriately correspond to the requirements of the proffered position. In these cases, the petitioner may be asked to demonstrate not simply that the wage source is reliable, but that the particular occupational classification and level used to determine the prevailing wage accurately reflect the work being performed.

At Park, our experts can address this issue through an alternate wage survey/wage level analysis that evaluates the relationship between the proffered position and the occupational framework used by the alternate wage source. Much like a traditional Wage Level Analysis or SOC Correlation Analysis, this evaluation looks beyond job titles to the substantive characteristics of the position, including its duties, educational and experience requirements, level of responsibility, specialized knowledge, and degree of independence.

For instance, in a recent RFE, USCIS acknowledged that the petitioner’s private prevailing wage source appeared to qualify as an independent authoritative source. However, they found that the record did not sufficiently establish that the occupation represented in the survey was comparable to the proffered position. USCIS also noted the absence of documentation showing how the wage source evaluated the educational and experience requirements associated with the occupation. They ultimately concluded that the petitioner had therefore not established that the prevailing wage was commensurate with the requirements of the offered role.

Our experts can help address concerns like these by evaluating both the occupational classification and professional level selected from the alternate wage survey. The analysis can compare the survey’s description of the occupation to the actual duties of the proffered position, identifying substantive parallels in the nature of the work. It can also examine the survey’s distinctions among professional levels to demonstrate why factors such as the position’s independence, complexity, professional judgment, and strategic or supervisory functions correspond to the particular level selected by the petitioner. In a recently evaluation, our expert compared the duties of the offered position directly to the survey’s occupational description while also examining the survey’s distinctions between adjacent professional levels to establish why the selected level accurately reflected the role.

This type of analysis also fits naturally alongside Park Evaluations’ existing H-1B services. USCIS wage-level determinations commonly involve factors such as required education, experience, specialized skills, and supervisory responsibilities. Similarly, when reviewing an alternate prevailing wage survey, USCIS may seek evidence concerning the survey’s occupational taxonomy, qualification requirements, duties, supervision requirements, and distinctions among different levels of the occupation. Where an RFE raises several related issues, the alternate wage survey analysis can therefore be incorporated into a broader Wage Level Analysis, SOC Correlation Analysis, or Beneficiary Qualifications and Academic Credentials evaluation.

Whether your client is responding to an RFE challenging an alternate prevailing wage source or seeking to establish a stronger connection between the LCA and the proffered position, a well-crafted expert opinion can help demonstrate why the selected occupational classification and professional level accurately reflect the role. Our experienced subject matter experts can prepare detailed, persuasive analyses tailored to the particular wage source and facts of your case.