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H1B 2018 – Approval and RFE breakup for WAC181955 – June 7 2018 cases

In continuation with the previous WAC182005**** analysis we are publishing the data for WAC181955**** , most of the cases are filed on June 7 2018.

Moving from end of May to June clearly shows changes in the RFE scenario. It seems to be improving gradually for the better. Whether the federal lawsuit against USCIS is having effect on these changes is still not clear.

Please leave a comment if you want data analysed for a different date (include the first 9 digits of your petition number).

Total number of I-129 (H1B extension, amendments, consular) cases filed on 06/07/2018 (June  07 2018) – 1164

Here is the latest update with all of the WAC181955**** data. Total H1B cases – 1164. Data shows around 18% overall probability of getting RFE.

Below is the breakup case status as of today.

356 cases are already approved.
728  show the receipt is sent.
80  cases they have RFE issued.

Pending cases Split up

680 (244+356+80) cases filed in premium.
484 cases in regular mode.

244 premium cases show a status of pending for action as of 06/21/2018.

If you include the Approved and RFE cases as premium total of 695 cases were filed in premium.

Inferences

  • More than 50% of cases are being filed in premium.
  • Rate of RFE seems to have dropped to around 18%. Is the new lawsuit causing some rogue case managers to behave better?

Keep watching this space, I will post regular updates as I see them.

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Cognizant facing higher Visa Denials for Computer System Analyst roles

Cognizant Technologies is number three in terms of employees in India. Even though it is based out of USA, for all purposes is considered an Indian IT firm. For years Cognizant has filed several H1B petitions for System Analysts ( 15-1121.00 – Computer Systems Analysts ), but in recent months have seen an extremely high spike in denials.

Cognizant has relied Fragomen for majority of its filings in the recent years. There was always a gripe among employees on the Fragomen methodology of filing H1B petitions with minimal documentation and adding additional documentation during RFE. This process was resulting in increased RFE’s and lead to USCIS issuing a memo on documentation to be filed with initial filing.

While this was causing several RFE’s and denials, USCIS has also started targeting Computer System Analyst role for Specialty Occupation eligibility. USCIS through 2017 memo has deemed Computer Programmers are not a Specialty Occupation in itself and further evidence is needed to justify the role. With Fragomen’s policy of not providing support documents, it increased frustration within USCIS and employees, causing more RFE’s and denials.

How is H1B Salary determined

 

Even with support documents employees filing with wage level 1 have very slim chance of approval. This SOC title of Computer System Analyst also is used for several roles within Cognizant. Senior Analysts, System Analysts and even for managers. Below are some of the Job titles associated with this SOC title.

Applications Analyst,
Business Analyst,
Business Systems Analyst,
Computer Analyst,
Computer Systems Analyst,
Computer Systems Consultant,
Information Systems Analyst (ISA),
Information Technology Analyst (IT Analyst),
System Analyst and
Systems Analyst.

If you have been offered the SOC title in LCA, discuss with your Manager and Immigration team, about choosing alternate roles. If they persist with this role, you need to be prepared for RFE or denial.

While the chances of Non – Computer Science background degree holders have higher chance of denial, denials are happening with Computer Science Background employees as well.

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How does low wage H1B’s affect US economy? How low are H1B wages ?

Most of the hate and vile comments towards H1B visa program carry an important message, “Americans are losing jobs to cheap wages of H1B”.

Let’s have a look at some key factors.

Indians occupy upper Middle class of US economy, per US Census Bureau  with a median income twice as of average American.

H1B Salaries

Average H1B employee makes a salary of around $86,000 per annum (source) and most places this average at nearly $40,000 above median income of their locations.

Also consider this US DOL sets a minimum wage of $60,000 per annum for a H1B and add legal fees borne by employer ($5K per year), also add the travel and relocation fees from India of $10K.  To hire a junior programmer with minimal experience in a small town, it will cost an employer at least $75K per annum.

American College Graduate Salaries

American college graduates are feeling the pinch more than ever in the last few years, they come out of college with more loans and struggle to make ends meet. Average college student coming out of a college in US makes less than $50K per annum (source). Then why aren’t US students flocking to get these jobs?

Skills

As a good guideline, kids who enjoy mathematics and reasoning tend to enjoy programming and software development.  While countries like India are  very strong in Mathematics and Science, US is seeing a decline and considered below average by annual exams. (source)

Stress and work-life balance

Software and IT industry is considered high stress due to its ad hoc work schedule, sharp learning curve and critical decision making. Not everyone will enjoy software development and the challenges with it. Most American’s expect a job with flexible work schedule and work-life balance, which sometimes can be tough to come in this industry.

Blaming wages will help pass some laws and get some votes, at the end jobs might go to countries like India when H1B’s go back to their home countries. Unless there is a fundamental shift in education and hardwork, US will struggle to match H1B  employees.