When it comes to securing H-1B or PERM approvals, even the smallest oversight can lead to a Request for Evidence (RFE) and this can be a dreaded delay that can derail your timeline, stress your clients, and jeopardize cases entirely. At TechBridge, we’ve seen firsthand how small details can make or break an immigration filing. Below, we break down five of the most common mistakes that trigger RFEs and how attorneys, HR teams, and startups can avoid them.
Improper Prevailing Wage Level Selection
One of the most common RFE triggers is selecting the wrong prevailing wage level during a PERM or H-1B filing. Wage levels are determined based on job complexity, required experience, education, and supervisory duties. Choosing a Level 1 wage when the job duties clearly demand Level 2 or higher creates a red flag for the Department of Labor (DOL) and USCIS.
How to avoid it:
Conduct a detailed analysis of the role’s actual duties.
Justify your wage level selection with clear documentation.
Avoid using boilerplate language from templates.
Partner with a compliance consultant to review job descriptions and flag discrepancies.
Want to dive deeper into how wage levels are determined? Check out Murthy Law’s breakdown of prevailing wage strategy. It’s a great companion read.
Inaccurate or Overly Broad Job Descriptions
The job description is foundational to both the wage determination and SOC code selection. Vague or overly broad descriptions often lead to misclassification, incorrect wage levels, or even denials.
How to avoid it:
Write precise job duties aligned with real-world expectations.
Focus on daily responsibilities, not just qualifications.
Avoid generic terms like “responsible for various tasks” or “manages multiple functions.”
Match the language with the selected SOC code’s duties.
If you’re unsure how to write job descriptions that hold up in immigration filings, Fragomen has a helpful guide on the topic that’s well worth bookmarking.
Misclassification of the SOC Code
Choosing the wrong Standard Occupational Classification (SOC) code for a role is another frequent source of RFEs. Tech roles in particular can be difficult to classify, especially hybrid roles like “Data Engineer + Business Analyst” or startup titles like “Product Ninja.”
How to avoid it:
Analyze the core responsibilities of the position.
Cross-reference multiple codes and select the one that most closely aligns.
Include a justification memo that explains the code selection.
If in doubt, consult with a compliance partner to avoid overbroad or mismatched classifications.
Not sure where to start with SOC codes? Path2USA offers a solid overview of how these codes impact H-1B and PERM cases.
LCA and Job Posting Inconsistencies
USCIS and the DOL expect to see consistency across all documents in the petition. Discrepancies between the Labor Condition Application (LCA), job posting, offer letter, and Form ETA-9089 can result in RFEs.
How to avoid it:
Triple check that the job title, wage, and location match across all documents.
Use a compliance checklist before submission.
Ensure the LCA is certified before including it in the H-1B package.
Avoid making last-minute changes to one document without updating the others.
Lack of Audit File Documentation
For PERM filings, employers are required to maintain an audit file with all supporting documents in case of a DOL audit. Missing documentation, such as recruitment steps, advertisements, and internal memos, may not lead to an RFE directly but can lead to denials or further scrutiny.
How to avoid it:
Maintain a digital audit file for every case.
Use templates and checklists to stay organized.
Save copies of all ads, internal memos, and recruitment logs.
Work with a compliance consultant who can prepare your team for audit-readiness.
How TechBridge Helps You Stay RFE-Free
Our team at TechBridge partners with immigration attorneys and tech startups to reduce risk and streamline filings.
We offer:
Prevailing wage justification memos
SOC code strategy and documentation
LCA reviews and audits
Audit file preparation
RFE response consulting
Our support is customized, scalable, and built around one goal: getting your cases approved faster with fewer surprises.
Ready to Avoid RFEs and Simplify Compliance?
Let us help you take the guesswork out of your filings. Book a free 15-minute compliance consult today and learn how we can support your firm or startup.
