Employers across the United States increasingly rely on highly skilled professionals through the H-1B visa program to meet specialized workforce needs. For many of these employees, long-term employment in the United States involves transitioning from H-1B status to employment-based permanent residence, a process that often begins with the PERM labor certification administered by the U.S. Department of Labor (DOL).
In recent years, employers have been subject to increased scrutiny by both U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor. On the H-1B side of things, employer are receiving a growing number of wage level related Requests for Evidence (RFEs), Notices of Intent to Deny/Revoke, and even denials. Often, this is the result of negative findings during a site visit, where USCIS discovers the position requires greater experience, supervisory duties, or special skills beyond the wage level indicated in the certified Labor Condition Application (LCA) submitted with the H-1B. On the PERM side of things, there has also been a sharp uptick in Request for Information (RFIs) on this issue.
These increased enforcement actions are often triggered by a mismatch between employer job requirements and the Department of Labor’s occupational standards—particularly those relating to Specific Vocational Preparation (SVP), Job Zones, and OES/O*NET occupational classifications. For employers sponsoring foreign professionals, through either the H-1B program or through the PERM process, a clear understanding of these frameworks is crucial. It is very important that companies align their internal hiring practices with the DOL’s occupational standards in order to minimize delays, avoid compliance risks, and ensure successful immigration outcomes.
Understanding the Department of Labor Occupational Framework
The Department of Labor uses standardized occupational data to evaluate job requirements and determine prevailing wages in immigration cases. Three important components guide this evaluation:
- Specific Vocational Preparation (SVP).
- Job Zones.
- OES/O*NET Occupational Classification System.
These tools are central to determining whether the job requirements described by an employer are typical for the occupation and whether the wage level selected for the position is appropriate.
Specific Vocational Preparation (SVP)
Specific Vocational Preparation (SVP) measures the amount of time required for a typical worker to learn the techniques, acquire the information, and develop the skills necessary to perform a particular job at an average level.
SVP is expressed as a numerical scale that corresponds to preparation time, as outlined below:
SVP Level Preparation Time
- SVP 6 = 1-2 years.
- SVP 7 = 2-4 years.
- SVP 8 = 4-10 years.
- SVP 9 = More than 10 years.
In immigration filings, SVP helps determine whether an employer’s job requirements—such as education and years of experience—are consistent with the normal expectations for the occupation.
For example, a Software Developer falls under the SOC code 15-1252. The O*NET provides the SVP for 15-1252 as 7.0 to < 8.0. What this means is that the position normally requires between 2 to under 4 years of experience. If the position you are filling requires 5 years experience, this indicates the position is more complex or advanced than the average Software Developer, meaning a higher wage level must be used.
Job Zones in the O*NET System
The Job Zone system, used within the O*NET database, groups occupations based on the level of preparation required. As of 2026, the Job Zones are structured as follows:
Job Zone Preparation Level
- Zone 1 = Little or no preparation.
- Zone 2 = Some preparation.
- Zone 3 = Medium preparation.
- Zone 4 = Considerable preparation.
- Zone 5 = Extensive preparation.
Each Job Zone corresponds to a typical SVP range. For example:
- Job Zone 4 occupations generally fall within SVP 7–8.
- Job Zone 5 occupations typically require SVP 8 or higher.
These classifications provide a benchmark against which the Department of Labor evaluates employer job requirements. For the H-1B program, only positions classified in Job Zone 4 or higher are acceptable, as these positions require a bachelor’s degree or higher. Positions in Job Zone 3, on the other hand, only require an associate’s degree or vocational training, which cannot support a specialty occupation.
OES / O*NET Occupational Classification
The Occupational Employment Statistics (OES) wage system and the O*NET occupational database work together to classify jobs based on:
- Required education.
- Level of experience.
- Skills and knowledge.
- Nature of job duties.
This classification is used by government agencies to determine:
- Prevailing wage levels for both H-1B and PERM filings.
- Expected preparation levels for the occupation.
Within the OES/O*NET, occupations are assigned an Standard Occupational Classification (SOC) Code. When employers file an H-1B petition or a PERM, the employer must indicate the SOC code in the filing.
Once filed, agencies then review whether the job duties and requirements to ensure the position described aligns with the occupational data and SOC code as listed in the O*NET. Thus, it is very important that the correct SOC code is used at the time of filing. If a job description involves job duties which fall under two different codes, the employer is required to use the SOC code which commands the higher salary, per DOL regulation. For example, if a job description includes both software development and computer programming job duties, the employer must select the software developer SOC code, as this code requires higher wages than computer programmer. Failure to select the correct SOC Code can result in RFEs, NOID/NOIRs, and even denial.
Why H-1B Wage Level RFEs Are Increasing
USCIS frequently issues Requests for Evidence (RFEs) when the employer’s job description does not align with the wage level selected in the petition. Common scenarios include:
- Selecting a Level 1 (entry-level) wage while requiring multiple years of experience.
- Describing job duties that appear advanced or specialized but assigning a lower wage level.
- Including supervisory or high-level responsibilities inconsistent with the chosen wage level.
- Requiring special skills beyond those described in the SOC code without accounting for that requirement in the wage level selection.
When such inconsistencies arise, USCIS may question whether the position truly qualifies as a specialty occupation and whether the wage level selected is appropriate. Often, USCIS will gather additional information through a site visit, particularly in situations where the employee is assigned to a third-party client site. In these scenarios, if the end client confirms a level of experience beyond the wage level indicated in the H-1B petition or more specialized job duties than the ones initially disclosed, USCIS will seek to deny or revoke the H-1B petitions for failure to properly file the LCA. It is therefore very important for employers to clearly articulate the position requirements, checking against the requirements at the third-party end client site (if applicable), before determining the wage level and filing the LCA.
Implications During the PERM Process
This issue becomes even more critical during the PERM labor certification process, which is the first step in many employment-based green card cases.
Before filing a PERM application, employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor. During this stage, the DOL evaluates:
- Occupational classification.
- Required education and experience.
- The SVP range associated with the occupation.
If the employer’s requirements exceed the normal SVP range, the Department of Labor may issue a Request for Information (RFI) seeking clarification. In such situations, the employer must demonstrate “business necessity.”
Business Necessity and Excessive Job Requirements
Under PERM regulations, an employer’s job requirements cannot exceed the normal preparation level for the occupation unless the employer can demonstrate that the additional requirements are essential to the performance of the job.
- For example:
- If an occupation normally falls within SVP 7 (2–4 years of preparation) but the employer requires 8 10 years of experience or multiple highly specialized skills, the Department of Labor may question whether those requirements are justified. Since you must prove during the PERM process that there are no available U.S. workers to fill the position, the DOL is very careful to ensure the employer is not inflating the position’s requirements to exclude available workers in the U.S.
To overcome this issue, employers must establish that:
- The requirement is reasonably related to the position.
- It’s necessary for the business to operate effectively.
Failure to adequately demonstrate business necessity can result in delays or denial of the PERM application.
Why Employers Must Streamline Hiring Practices
Given the increasing scrutiny of immigration filings, employers should implement structured hiring practices that align with Department of Labor occupational standards. Key strategies include the following:
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Standardizing Job Descriptions
- Employers should ensure that job descriptions used for recruitment, internal HR documentation, and immigration filings are consistent and aligned with O*NET occupational classifications. For third-party placements at an end client site, it is critical that the internal description aligns with the third-party client’s description. Consistency reduces the risk of discrepancies during site visits or other government inquiries.
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Aligning Experience Requirements with SVP Levels
- Before finalizing job requirements, employers should review the SVP range associated with the occupation. In the H-1B context, if the job requires experience beyond the normal SVP range, the employer will need to ensure a higher wage level is selected for the LCA using the DOL worksheet for wage level calculations. In the PERM context, if the job requires experience beyond the normal SVP range, employers should prepare documentation supporting business necessity in anticipation of a Request for Information.
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Integrating HR and Immigration Strategy
- Many immigration issues arise because hiring decisions are made without considering immigration compliance implications. Employers should encourage collaboration between HR departments, hiring managers, and immigration counsel Early coordination helps ensure that job requirements are structured appropriately for both recruitment and immigration purposes.
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Selecting the Correct Wage Level
- Choosing the appropriate wage level for an H-1B position requires careful consideration of factors such as:
- Level of supervision.
- Complexity of job duties.
- Required experience.
- Degree of independent judgment.
- Employers should avoid selecting lower wage levels when the job duties indicate a more experienced or specialized role.
- Choosing the appropriate wage level for an H-1B position requires careful consideration of factors such as:
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Planning Early for PERM Sponsorship
- Employers should begin evaluating PERM eligibility early in the employee’s tenure, rather than waiting until the employee approaches the end of their H-1B status.
- Early planning allows employers to align job duties with occupational standards, adjust requirements if necessary, avoid complications during the PERM process
Strategic Advantages of Proactive Compliance
Employers who align their hiring practices with Department of Labor standards will enjoy less scrutiny and more positive outcomes. By ensuring complete compliance on these issues, employers will receive less RFEs and RFIS, smoother case processing, lower legal and administrative costs, and higher approval ratings. H-1 B employees want assurance their employers are running a fully complaint program and that their immigration status won’t be at risk. By taking proactive measures to ensure compliance, employers will also see greater employee retention.
Conclusion
The interaction between SVP levels, Job Zones, and OES/O*NET occupational classifications plays a central role in both H-1B wage level determinations and PERM prevailing wage analyses. As government agencies continue to scrutinize immigration filings more closely, employers sponsoring foreign professionals must adopt structured, immigration-aware hiring practices.
By aligning job descriptions, experience requirements, and wage levels with Department of Labor standards, employers can significantly reduce compliance risks and create a smoother pathway for both H-1B sponsorship and permanent residence for their employees.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, it’s particularly critical you get the right advice.