For many immigration attorneys working on H-1Bs, wage level questions have long been familiar territory. On one hand, a Level I wage may trigger concerns about whether the position is truly complex enough to qualify as a specialty occupation. On the other hand, a Level IV wage may raise questions about whether the petition accurately describes a senior, specialized, or supervisory role.
This H-1B season presents a wholly unique situation which may propel wage level concerns to the forefront.
Beginning with the FY27 cap season, USCIS has implemented a wage-weighted H-1B selection process. Under the new system, registrations are generally weighted according to the highest Occupational Employment and Wage Statistics wage level that the offered wage equals or exceeds for the relevant SOC code and area of intended employment. Level I registrations receive one entry in the selection pool, Level II receives two, Level III receives three, and Level IV receives four. DHS stated that the rule is intended to favor the allocation of H-1B visas to higher-skilled and higher-paid workers while still preserving access for employers at all wage levels.
That change places wage level strategy under a brighter spotlight: it now directly affects selection odds, petition strategy, and the evidentiary narrative attorneys must prepare if USCIS questions whether the wage level, job duties, SOC code, and specialty occupation claim all align.
Why Wage Level Issues May Be More Prominent This Season
The new weighted selection process creates a practical incentive for employers to offer higher wages where appropriate. While this does not mean employers should inflate wages, misclassify roles, or select a higher wage level unsupported by the position, it does mean that USCIS may be especially attentive to whether the petition filed after selection matches the wage level used at registration.
USCIS has already indicated that the H-1B registration form now requires information tied to the weighted selection process, including the highest OEWS wage level the beneficiary’s offered wage equals or exceeds for the relevant SOC code and area of intended employment. In other words, wage level representations made at the registration stage may become part of the adjudicatory backdrop later.
It is therefore plausible for attorneys to anticipate wage-related scrutiny in several forms:
Whether the selected SOC code accurately reflects the offered position;
Whether the duties support the wage level used for registration and the LCA;
Whether the position is truly entry-level, qualified, experienced, or fully competent;
Whether a Level III or IV wage is supported by duties involving independent judgment, advanced knowledge, leadership, or specialized expertise;
This concern is heightened by broader wage policy developments. On March 26, 2026, the Department of Labor issued a proposed rule to revise the prevailing wage methodology for H-1B, H-1B1, E-3, and PERM programs, stating that the proposal would modernize wage-level determinations and better align foreign worker wages with similarly employed U.S. workers. Although that proposal is separate from the H-1B selection rule, it reinforces the same theme: wage levels are becoming a central focus of employment-based immigration compliance.
The Level I Problem Has Not Disappeared
Level I wage cases remain viable. A Level I wage does not automatically mean the position is non-specialty, nor does it mean the role lacks professional complexity. Under wage-level guidance, Level I generally refers to beginning-level employees who have a basic understanding of the occupation, perform routine tasks with limited judgment, and work under close supervision.
The problem arises when the petition describes the position in a way that seems inconsistent with that wage level. For example, a petition may characterize the role as requiring independent decision-making, advanced technical judgment, client-facing responsibility, system architecture, managerial authority, or highly specialized expertise, while the LCA reflects Level I wages. That mismatch can invite USCIS to question whether the job duties have been overstated, whether the wage level has been understated, or whether the position actually qualifies as a specialty occupation.
For attorneys, the response should not simply argue that “Level I positions can qualify.” The stronger approach is to explain why this particular Level I role still requires the theoretical and practical application of specialized knowledge and at least a bachelor’s degree, or equivalent, in a directly related, specific specialty.
Practical Examples
A Level I Data Analyst petition may receive scrutiny if the employer describes the role as involving predictive modeling, database querying, business intelligence reporting, and statistical analysis. An expert letter can explain that while the employee may be supervised and may not yet make high-level strategic decisions, the performance of the duties still requires specialized knowledge in statistics, data analytics, computer science, information systems, or a closely related field.
A Level III Software Engineer petition may raise a different issue. USCIS may expect the record to show more than ordinary coding tasks. An expert letter can explain how the role involves system design, complex debugging, architecture decisions, cross-functional collaboration, technical judgment, or specialized frameworks consistent with an experienced wage level.
A Level IV Engineering Manager or Senior Systems Architect petition may require even more careful documentation. The expert should be able to explain how the position involves advanced planning, independent evaluation, modification of standard procedures, supervision, or high-level responsibility consistent with the highest wage level.
How Expert Letters Can Assist with Wage Level Concerns
An expert opinion letter cannot replace the LCA, determine wage compliance, or fix an inaccurate SOC code. However, a well-prepared expert letter can help attorneys build a coherent evidentiary bridge between the position, the wage level, the beneficiary’s qualifications, and the specialty occupation requirement.
For H-1B wage level concerns, expert letters can assist by addressing:
The nature of the occupation. An expert can explain the academic and industry background normally required for the role, including why the position is appropriately treated as a specialty occupation.
The relationship between duties and wage level. For Level I roles, an expert can explain how the position may be entry-level in terms of supervision, experience, or employer-specific training while still requiring specialized degree-level knowledge. For Level III or IV roles, an expert can explain how the duties reflect independent judgment, advanced specialization, leadership, or responsibility consistent with a higher wage level.
The role of the SOC code. An expert can discuss whether the selected occupational classification appears consistent with the described duties and why the educational expectations of that occupation support H-1B classification.
The distinction between “entry-level” and “non-specialized.” This is often the key issue in Level I cases. An entry-level software developer, financial analyst, engineer, data analyst, architect, or healthcare informatics specialist may still be performing work that requires a specialized degree. Entry-level does not necessarily mean generic.
Industry practice. An expert can explain whether employers in the field commonly require a degree in a specific specialty for comparable roles, even at the beginning professional level.
Why Attorneys Should Consider Expert Letters Earlier
In prior seasons, many attorneys considered expert letters primarily as RFE response tools. This season, wage level evidence may be more effective when considered before filing the petition.
Because the wage-weighted lottery ties selection to wage level, USCIS may be more alert to any disconnect between the registration, LCA, petition letter, job description, wage level, and supporting evidence. A proactive expert letter can help reduce ambiguity by explaining the position in a way that is technically accurate, academically grounded, and consistent with the selected wage level.
For selected cases, attorneys may want to evaluate the following before filing:
Does the job description match the SOC code?
Do the duties align with the wage level?
Does the petition overstate or understate the complexity of the role?
Is the degree requirement clearly tied to the actual duties?
Does the beneficiary’s education support the field of employment?
Would an independent expert help clarify the relationship between the wage level and specialty occupation claim?
How IEE Can Help
IEE assists immigration attorneys with expert opinion letters and credential evaluations designed to strengthen H-1B petition evidence. In wage level cases, our expert letters can help explain the academic, occupational, and industry context behind the position, including why a role may qualify as a specialty occupation at a particular wage level.
For Level I cases, an expert letter can help clarify that entry-level professional work may still require specialized degree-level knowledge. For higher wage levels, an expert letter can help explain how the duties reflect advanced responsibility, independent judgment, specialized expertise, or supervisory functions.
As H-1B selection and adjudication become more closely tied to wage level analysis, attorneys should be prepared to present a consistent and well-supported record from the outset. Expert letters are not a substitute for careful legal strategy, accurate wage selection, or employer documentation, but they can be a valuable tool in addressing USCIS concerns before they become obstacles.