Can I Downgrade to Lower H1B Wage Level - Questions & Answers

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I don’t think there is anyone stopping you from filing into lower Levels than where your previous LCA was filed but what that would do is that may trigger an RFE from the USCIS raising concerns about why the new LCA filing was done at the lower level ? Employer will have to provide a lot of justification and reasoning behind it and still could end up being denied after that.

Are there any alternatives to OES wage survey that can be used as source for prevailing wages ?

Employer can choose to use other wage levels by any other agency, but then, its very difficult to justify them and get LCA or PWD approvals.

The other agency’s levels should match pretty much the OES levels.

It seems that EB2 people (Bachelors with 5+ years exp) will have to be filled at level 3 or higher (and no other way) for h1b extension, right?

Hi @h1b20

Probably true. It all depends on the job requirements listed by the employer.