My employer is filing my H1B lottery case as a level 1 position. Does this increase the risk my case will be denied?

Answer

There was a brief period under the Trump Administration when the USCIS took the position that certain wage level 1 positions may not qualify as H1B positions. For the past several years, however, this has not really been an issue. While there still may be situations where additional challenges are presented with a wage level 1 position, in general, this is not much of a concern. (19.Apr.2023)

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