How Can You Avoid H-1B RFEs With the Right SOC Codes?

The H-1B petition filing for FY 2026 is in progress, and employers are submitting their applications. With the Trump administration back in power, the H-1B process is expected to come under stricter scrutiny, which means there will be a significant increase in the Requests for Evidence (RFEs).  One of the most common triggers for an RFE is the incorrect selection of the SOC code, which is one of the major key factors in deciding your H-1B approval.  This article will help employers understand and select the correct SOC code, improving their chances of petition approval.

What is an SOC Code?

A Standard Occupational Classification (SOC) code is a unique six-digit number system used by the U.S. government to classify job roles according to the nature of the work and required skills. It groups jobs into specific occupational categories to accurately determine wages, workforce trends, and policy decisions.

The 2018 SOC system is a federal statistical standard used by several federal agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data. It organizes jobs into 867 detailed occupations, where each occupation reflects a specific set of job duties and responsibilities.  To facilitate classification, detailed occupations are combined to form 459 broad occupations, 98 minor groups, and 23 major groups.

This way, occupations with similar job responsibilities, skills, and educational requirements may correspond to a common group. SOC code is a hyphenated number, in which each number represents a group of classifications.

Let's consider, you have to look up SOC code for Graphic designers, this is how the classification of codes work:

• The SOC code for major groups (Arts, Design, Entertainment, Sports, and Media Occupations) is 27-0000
• SOC code for minor group  (Art and Design Workers)  is 27-1000
• SOC code for Broad occupation (Designers) is 27-1020
• The ultimate SOC code for detailed occupation (Graphic Designers) is 27-1024.00

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What is a Specialty Occupation?

According to USCIS, a specialty occupation is a job role that requires specialized theoretical and practical knowledge in a specific field.

Key criteria for a job to qualify as a specialty occupation include:  

• Bachelor’s degree requirement: The job role must require at least a bachelor’s degree in a specific field.  

• Degree common in the industry: The requirement must be the standard for similar roles across the industry.  

• Employer’s requirement: The employer must have the same hiring requirements for similar positions.
   

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For example, to apply for a position as a software developer, the applicant must have at least a bachelor’s degree or higher in computer science.
 

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Why does SOC Code Matter in an H-1B Petition?

Selecting the correct SOC code is a mandatory requirement for all U.S. employers hiring foreign talent. It helps the U.S. government transparently classify job roles based on the skills, reducing confusion and minimizing the risk of fraud.  

Beyond compliance, selecting an accurate SOC code helps in:  

• Proving the job role qualifies as a specialty occupation: It allows USCIS to establish the job role as a specialty occupation.  

• Determining the correct prevailing wage: It helps in selecting the accurate prevailing wage by aligning it with federal standards.

• Reducing the risk of RFEs: A correct SOC code helps employers avoid RFEs and potential petition denials.  

• Strengthen the H-1B petition: An accurate SOC code demonstrates compliance with DOL and USCIS guidelines, improving petition approval chances.  
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The Significance of Wage Level

Each job category has four different wage levels, starting from Level 1 to Level 4. In a direct sense, prevailing wages imply significance of the position offered. Here are the three key factors that guide employers in determining wage level:

• Nature of the job offer

• Work location of the job

• Job responsibilities

If we analyze specialty occupation RFEs in recent years, we can understand that USCIS may reject H-1B visa if the wage levels offered for the job is not  

matching the job responsibilities. The actual wage offered must either match or exceed the prevailing wage for that job relevant to its immediate location.

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Determining Wage Levels

Wage levels are an important aspect to approve H-1Bs. But some employers end up offering lower wage levels that don’t match the duties of the job offered. This is primarily due to lack of awareness. USCIS seems to have reservations for Level 1 wages being offered to specialty occupations. For example, Level 1 wages cannot be offered to a Lead/ Supervisory role. If you select Level 1 wages for a specialty occupation, your chances of getting an RFE are quite high.

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Common Mistakes Made by Employers

Selecting an SOC code that perfectly aligns with the job role and responsibilities is a complicated task, and employers often struggle with it. However, by recognizing common triggers, employers can avoid common mistakes and make informed choices.  

Some common mistakes employers often make include:  

• Selecting a generic SOC code: Choosing a vague or generic SOC code that does not align with the actual job duties.  

• Misalignment between job title and duties: Selecting a SOC code solely based on the job title and not the responsibilities.  

• Overlooking the specialty occupation requirement: Selecting an SOC code that doesn’t require specialized knowledge or a specific degree.

• Choosing lower-wage level codes: Opting for lower-wage level SOC codes to save costs.  

• Improper documentation: Mismatches between the candidate's SOC code, job description, LCA, and other educational qualifications.

How to Select the Correct SOC Code?

Selecting an accurate SOC code may seem tough at first, but with a structured approach and understanding, employers can easily make the right decisions.  

Some actionable tips employers must follow include:  
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1. Understand the job role thoroughly: Evaluate the core functions of the job role and responsibilities by assessing the primary duties, required skills, and required qualifications.  

2. Match job duties to descriptions: Make sure the job duties and responsibilities clearly align with the information mentioned in the job description.

3. Check the degree requirements: Refer to credible sources such as O*NET to determine what level of education and degree is required for the specific job role.  

4. Determine the industry standards: Review job postings, employer policies, and prevailing wage data to understand the industry standards and hiring practices.  

5. Consult an immigration attorney: Consult an experienced immigration attorney who will help you select the correct SOC code.  
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Summing up

SOC code is a 6-digit system used by the U.S. government to classify and group job roles based on their skills and the nature of work. It helps in determining specialty occupations and prevailing wages.  

Employers must select the correct SOC code, as failure to do so may trigger a Request for Evidence, which can further delay the hiring process and jeopardize future projects. To select the correct SOC code, employers must understand the job role thoroughly and clearly match job duties to descriptions to avoid confusion.  

OnBlick's SOC Predictor & Wage Level Calculator

Select the correct SOC code with OnBlick’s SOC code predictor. Our AI advanced platform evaluates data from trusted sources such as O*Net/FLC Data/ BLS.gov and suggests the most accurate SOC code based on relevant information. Our dynamic platform also recommends accurate prevailing wages based on the type of duties and required skills, helping you seamlessly comply with DOL requirements at every step of the process.

Book your complimentary consultation today and learn more about our H-1B case management services!

Choose success, choose OnBlick.

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