Over the past several years, employers filing H-1B petitions have noticed a clear trend: USCIS scrutiny of wage levels has increased significantly, particularly for positions classified at Level 1 wages. While the Department of Labor’s prevailing wage system allows employers to classify positions at one of four wage levels, immigration officers increasingly examine whether the selected wage level truly aligns with the duties described in the petition.

In 2026, this issue has become one of the most common triggers for Requests for Evidence (RFEs) in H-1B petitions.

Understanding how wage levels work and how USCIS analyzes them is critical for employers who wish to avoid delays, RFEs, or denials.

Understanding the H-1B Wage Level System

The H-1B program requires employers to pay foreign workers at least the prevailing wage for the position in the geographic area of employment. The Department of Labor assigns prevailing wages using four levels:

Level 1 – Entry Level

• Employees who have only a basic understanding of the occupation
• Perform routine tasks under close supervision
• Typically require minimal experience

Level 2 – Qualified

• Employees who perform moderately complex tasks
• Exercise judgment and work with less supervision
• Often require some experience

Level 3 – Experienced

• Employees who perform complex duties
• May supervise other workers
• Usually require significant experience

Level 4 – Fully Competent

• Experts or senior professionals
• Lead projects, departments, or complex initiatives

While employers can legitimately use any of these wage levels depending on the role, Level 1 wages are increasingly attracting scrutiny from USCIS officers.

Why USCIS Is Questioning Level 1 Wages

The central issue is the perceived mismatch between job complexity and wage level.

Many H-1B petitions describe duties involving advanced technical responsibilities, complex problem solving, or independent decision-making. However, these types of duties often conflict with the Department of Labor’s definition of a Level 1 entry-level position.

As a result, USCIS officers frequently question whether the job truly qualifies as a specialty occupation requiring a bachelor’s degree if it is being paid at the lowest wage tier.

Typical USCIS concerns include:

• The position appears too complex for an entry-level role
• The beneficiary is expected to perform advanced or specialized duties
• The job requires significant independent judgment
• The petition indicates the employee will work with minimal supervision

In these situations, USCIS may issue an RFE requesting additional evidence to justify both the specialty occupation classification and the wage level selected.

Common RFE Arguments Related to Wage Levels

RFEs related to wage levels often include language similar to the following arguments:

1. The wage level suggests the position is not complex enough to require a bachelor’s degree.

USCIS may argue that if a position is truly specialized and complex, it should not be classified at the lowest wage tier.

1. The duties described are inconsistent with an entry-level role.

For example, petitions describing responsibilities such as designing systems, leading projects, or developing architecture may raise concerns if paired with a Level 1 wage.

1. The petition lacks explanation of the employer’s internal job progression.

USCIS sometimes requests evidence that the position is part of a structured career path within the company.

Why This Issue Is Becoming More Common in 2026

Several factors are contributing to the increased scrutiny of wage levels.

1. Heightened Fraud Prevention Efforts

USCIS has placed increased emphasis on ensuring that H-1B positions represent legitimate specialty occupations. Wage levels are often used as an indicator of whether the role truly requires specialized knowledge.

2. Increased Data Analysis by USCIS

Immigration officers now have access to more detailed labor market data, including information from O*NET and the Occupational Outlook Handbook. Officers often compare the duties described in a petition to these sources when evaluating wage levels.

3. Policy Shifts Toward Higher-Skilled Positions

Recent policy discussions have emphasized prioritizing higher-skilled and higher-paid H-1B positions. Although no formal rule requires higher wage levels, petitions using Level 1 wages may receive closer examination.

Strategies for Employers to Reduce Wage Level Risk

Employers can take several proactive steps to minimize the risk of RFEs related to wage levels.

Carefully Align Duties With the Wage Level

If a position is classified as Level 1, the job duties should reflect an entry-level role. The petition should emphasize:

• Structured training
• Supervision by senior employees
• Limited decision-making authority
• Gradual skill development

Consider Whether Level 2 May Be More Appropriate

In many cases, a Level 2 wage may better match the actual job responsibilities. Level 2 wages are often easier to defend when the role involves independent work or moderately complex tasks.

Provide Organizational Context

Employers should clearly explain:

• Where the position fits within the company structure
• Who supervises the employee
• How responsibilities evolve over time

Including an organizational chart can help demonstrate that the role is part of a larger professional team.

Document Industry Standards

Evidence showing that similar positions in the industry require a bachelor’s degree can strengthen the case that the job qualifies as a specialty occupation regardless of wage level.

The Importance of Strategic Petition Preparation

Selecting the appropriate wage level is not simply a wage determination exercise. It is also a strategic component of the overall H-1B petition.

A well-prepared petition should ensure consistency between:

• The job duties
• The required education
• The experience requirements
• The wage level selected

When these elements align properly, the petition is far less likely to trigger scrutiny.

Final Thoughts

The use of Level 1 wages in H-1B petitions is not prohibited, and many legitimate entry-level positions qualify for H-1B classification. However, in 2026 it is clear that USCIS officers are examining wage levels more closely than in the past.

Employers should take extra care to ensure that the selected wage level accurately reflects the complexity of the job and the expectations placed on the employee.

By carefully aligning job duties, wage levels, and supporting documentation, employers can significantly reduce the risk of RFEs and strengthen the likelihood of approval.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC. He works in the Non-Immigrant Visa (NIV) Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.