RFE Response Letter: Labor Condition Application – Wage Level
[LAW FIRM NAME] [Attorney Address] [City, State ZIP] Tel: [Phone] | Fax: [Fax] [Attorney Email]
Date: [RESPONSE DATE]
VIA USCIS ELECTRONIC FILING / CERTIFIED MAIL
U.S. Citizenship and Immigration Services [Applicable Service Center] [Service Center Address]
RE: Response to Request for Evidence Petitioner: [PETITIONER NAME] Beneficiary: [BENEFICIARY NAME] Receipt Number: [RECEIPT NUMBER] Petition Type: Form I-129, Petition for Nonimmigrant Worker (H-1B) RFE Date: [RFE DATE] RFE Response Due: [DUE DATE]
Dear Officer:
On behalf of Petitioner [PETITIONER NAME] ("Petitioner" or "the Company"), we submit this response to the Request for Evidence ("RFE") issued by U.S. Citizenship and Immigration Services ("USCIS") dated [RFE DATE]. The RFE challenges whether the Labor Condition Application ("LCA") certified for a Level I wage designation properly corresponds to the proffered position of Marketing Manager. As set forth below, the Petitioner respectfully submits that the proffered position is appropriately designated at Wage Level I, and provides the requested documentation to establish correspondence between the LCA and the petition.
I. Overview of the RFE Issue
USCIS has requested additional evidence to establish that the petition is supported by an LCA that properly corresponds with the proffered position under Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), 20 CFR § 655.705(b), and 8 CFR § 214.2(h)(4)(i)(B)(1)(i)-(ii).
Specifically, USCIS observed that the previously submitted job posting described the position as requiring more than three (3) years of professional work experience, and concluded that under Step 2 of the U.S. Department of Labor ("DOL") Prevailing Wage Determination Policy Guidance (Employment and Training Administration Prevailing Wage Determination Policy Guidance, Nonagricultural Immigration Programs, Rev. November 2009) ("DOL Policy Guidance"), an experience requirement exceeding the O*NET Job Zone 4 range of 2 to 4 years would result in an upward adjustment of two (2) wage levels — moving the position from Level I to Level III. USCIS therefore concluded that the Level I LCA appeared inconsistent with the proffered position.
The Petitioner respectfully responds that the previously submitted job posting did not accurately reflect the actual requirements of the proffered entry-level Marketing Manager I position. The Petitioner hereby submits a revised and superseding official position description and job announcement — the operative document used as the basis for the LCA wage level certification — which correctly establishes that the proffered position requires zero (0) years of professional work experience. This requirement falls below the O*NET Job Zone 4 entry-point experience range, warranting no upward wage level adjustment, and confirming that Level I is the proper designation.
Exhibit A: Revised Official Job Announcement — Marketing Manager I
II. Legal Framework: DOL Prevailing Wage Level Determination
A. The DOL Policy Guidance Wage Level Framework
The DOL Policy Guidance establishes four wage levels for prevailing wage determinations:
Level I (Entry): Assigned to beginning-level employees with only a basic understanding of the occupation. These employees perform routine tasks requiring limited, if any, exercise of judgment. They work under close supervision, receive specific instructions on required tasks and expected results, and their work is closely monitored and reviewed for accuracy. They do not exercise supervisory authority over others.
Level II (Qualified): Workers with a good understanding of the occupation who make some judgments about how to accomplish tasks. Work is generally supervised but may involve limited coordination.
Level III (Experienced): Workers with a sound understanding of the occupation who exercise independent judgment and may coordinate or supervise the work of others.
Level IV (Fully Competent): Workers who apply advanced skills and extensive knowledge with a high degree of independent judgment.
B. Step 2 — Experience Analysis Under the DOL Worksheet
The DOL Policy Guidance, Appendix A (OES Prevailing Wage Guidance), Step 2 provides the following framework for adjusting the wage level based on an employer's stated experience requirement as compared to the O*NET Job Zone:
For occupations in Job Zones 2 through 5, if the employer's experience requirement is: at or below the level of experience and SVP range, make no entry in the Wage Level Column. In the low end of the experience and SVP range, enter a 1 in the Wage Level Column.
The O*NET classifies Marketing Managers in Job Zone 4, with an SVP range of 7 to <8, corresponding to an experience requirement of over 2 years, up to 4 years.
Accordingly, under the Step 2 framework:
| Employer's Experience Requirement | Result Under DOL Worksheet |
|---|---|
| 0 years (below the 2-year entry point) | No adjustment — Level I is correct |
| In the low end of the range (2–3 years) | +1 adjustment → Level II |
| In the high end of the range (3–4 years) | +2 adjustment → Level III |
| Greater than the range (>4 years) | +3 adjustment → Level IV |
The proffered Marketing Manager I position requires zero (0) years of professional work experience, which falls below the entry point of the O*NET Job Zone 4 experience range. Under the DOL worksheet, this produces no upward adjustment to the wage level. The position begins and remains at Level I.
III. The Proffered Position Is Properly Designated at Wage Level I
A. The Official Job Announcement Confirms Zero Years of Experience Required
The Petitioner submits as Exhibit A the official job announcement for the Marketing Manager I position. The Qualifications section states expressly:
"0 years of professional work experience required; internship, academic, or project experience in growth marketing, brand management, or digital marketing is welcome."
This is not a post-hoc revision to fit the LCA; it reflects the Petitioner's genuine business need for an entry-level marketing professional who will receive training and close supervision. The Company operates a technology platform serving job-seekers and has sufficient senior marketing staff to supervise, direct, and review the work of an entry-level employee. The proffered position was intended from the outset to onboard an entry-level hire who will be developed within the organization.
The Petitioner acknowledges that a prior job posting, submitted with the initial petition, contained an inconsistent experience requirement that did not accurately reflect the actual requirements of this position. The Petitioner withdraws reliance on that prior posting and submits Exhibit A as the operative position description for purposes of the LCA wage level analysis.
B. The Duties Are Consistent With DOL Level I: Routine Tasks Under Close Supervision
Beyond the experience requirement, the substance of the assigned duties independently confirms Level I classification. The DOL Policy Guidance defines Level I work as involving "routine tasks that require limited, if any, exercise of judgment" performed "under close supervision." The Marketing Manager I position satisfies each element:
1. Routine tasks with limited independent judgment:
All of the position's responsibilities are framed as assistive and supportive — not independent or discretionary:
- "Assist in developing and executing integrated marketing campaigns" — the employee assists under direction; strategic decisions remain with senior staff.
- "Contribute to brand messaging under supervision" — the employee supports, not owns, brand decisions.
- "Assist in analyzing market trends and user behavior; prepare reports to support optimization decisions" — the employee gathers data and prepares reports for review; optimization decisions are made by senior personnel.
- "Support SEO/SEM, paid social, and affiliate marketing efforts under senior direction" — execution support, not strategy ownership.
- "Collaborate with product teams on feature launches under guidance" — participation under senior guidance, not independent stakeholder management.
- "Participate in and support community-building initiatives" — participation in activities directed by senior staff.
- "Assist in tracking KPIs and compiling campaign performance reports" — routine data compilation and reporting.
None of these responsibilities require the employee to exercise independent judgment, make autonomous strategic decisions, or assume responsibility for business outcomes. They are precisely the types of routine, supervised, assistive tasks contemplated by the DOL Level I definition.
2. No supervisory authority:
The Level I posting contains no supervisory duties whatsoever. The employee does not manage, oversee, mentor, or direct the work of any other employee. This is fully consistent with the Level I definition, which states that entry-level employees do not exercise supervisory authority over others.
3. Close supervision and instruction:
The position description explicitly situates the employee's work "under supervision," "under senior guidance," and "under senior direction" — language that directly mirrors the DOL Policy Guidance's requirement that Level I employees "work under close supervision and receive specific instructions on required tasks and results expected."
C. The Education Requirement Does Not Drive a Wage Level Increase
USCIS should note that under the DOL Policy Guidance Step 3 (Education), the requirement of a Bachelor's degree in Marketing, Communications, or a related field is consistent with and does not increase the wage level for a Job Zone 4 occupation. The ONET baseline for Job Zone 4 already contemplates a four-year degree, and the Petitioner's educational requirement does not exceed the ONET baseline. Accordingly, Step 3 produces no upward adjustment.
Combining Steps 2 and 3: zero adjustments are warranted, and the position is properly classified at Wage Level I.
D. The LCA Properly Corresponds to the Proffered Position
Under Matter of Simeio Solutions, LLC, 26 I&N Dec. 542, and 8 CFR § 214.2(h)(4)(i)(B)(1)(i)-(ii), USCIS must determine whether the LCA "properly corresponds" to the petition. The LCA is certified for the occupational classification of "Marketing Managers" with a Level I wage designation, in the location of the Petitioner's worksite.
The revised position description submitted herewith (Exhibit A) establishes:
- The SOC code for the proffered position is Marketing Manager (SOC 11-2021), which corresponds to the LCA's occupational classification — no discrepancy.
- The experience requirement of 0 years falls below the O*NET Job Zone 4 range, producing no wage level adjustment — Level I is correct.
- The duties are entry-level, routine, and performed under close supervision — consistent with Level I.
- There are no supervisory responsibilities — consistent with Level I.
Accordingly, the LCA properly corresponds to the proffered position in both occupational classification and wage level designation.
IV. Conclusion
The Petitioner has established, through the revised official job announcement (Exhibit A), that the proffered Marketing Manager I position:
- Requires zero (0) years of professional work experience, which is below the O*NET Job Zone 4 entry-point experience range, resulting in no upward wage level adjustment under the DOL Policy Guidance Step 2 worksheet;
- Involves routine, supervised, assistive tasks consistent with the DOL Level I definition;
- Entails no supervisory duties, consistent with Level I;
- Is performed under close senior supervision with specific instructions provided — precisely as described in the DOL Policy Guidance definition of Level I; and
- Corresponds to the LCA's occupational classification of Marketing Managers (SOC 11-2021) at a Level I wage designation.
For all the foregoing reasons, the Petitioner respectfully requests that USCIS find that the LCA properly corresponds to the proffered position and approve the petition.
Should USCIS require any additional information or documentation, please do not hesitate to contact the undersigned.
Respectfully submitted,
[ATTORNEY NAME], Esq. [Law Firm Name] [Attorney Address] [City, State ZIP] [Phone] | [Email] [State Bar Number]
Attorney for Petitioner [PETITIONER NAME]
List of Exhibits
| Exhibit | Description |
|---|---|
| Exhibit A | Revised Official Job Announcement — Marketing Manager I |
Before Filing
Replace all bracketed placeholders with actual case-specific information: petitioner name, beneficiary name, I-129 receipt number, RFE date, response due date, and attorney details. Attach the printed Marketing Manager I job posting as Exhibit A — use the clean formatted version, not the raw markdown source.