Over the past year, immigration attorneys and employers have begun reporting a troubling trend: U.S. Citizenship and Immigration Services (USCIS) issuing Notices of Intent to Revoke (NOIRs) in approved H-1B cases based on alleged misclassification of wage levels.

In several cases, employers originally filed an H-1B petition using a Level II prevailing wage classification, but USCIS later claimed the position should have been classified at Level I, or that the wage level did not properly match the job duties.

While there is no publicly released USCIS data confirming a systemic campaign, anecdotal evidence from practitioners suggests that post-approval scrutiny of wage level classification is increasing, particularly following site visits or compliance reviews.

For employers and H-1B professionals, this trend raises an important question:

Is USCIS quietly shifting enforcement toward wage-level accuracy in H-1B petitions?

What Is a Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke (NOIR) is issued when USCIS believes that an already-approved immigration petition may have been approved in error or no longer qualifies under immigration law.

A NOIR typically:

• Explains the agency’s concerns
• Gives the petitioner an opportunity to respond
• Allows submission of additional documentation

If the response is unsuccessful, USCIS may revoke the petition approval, which can have serious consequences for both employer and employee.

Why Wage Level Classification Matters in H-1B Petitions

Every H-1B petition must be supported by a Labor Condition Application (LCA) certified by the U.S. Department of Labor.

The LCA requires employers to select a prevailing wage level, based on:

• The job duties
• The required experience
• The degree of supervision
• The complexity of the position

The Department of Labor uses a four-tier system:

These wage levels are determined using the Occupational Employment and Wage Statistics (OEWS) prevailing wage system.

The Core Issue: Job Duties vs Wage Level

The most common issue raised in recent NOIRs appears to be mismatch between job duties and wage level.

For example:

Scenario reported by practitioners

Employer files H-1B petition:

• SOC code: Software Developer
• Wage level: Level II
• Salary: $95,000
• Job description: Includes independent system design, architecture decisions, and mentoring junior staff.

USCIS argument in NOIR:

• Duties described require more experience than Level II
• Wage level does not align with job complexity
• Therefore, the LCA may not properly support the petition

USCIS policy allows the agency to review whether the LCA wage level matches the duties described in the petition, even if the LCA was certified by the Department of Labor.

In other words:

LCA certification does not prevent USCIS from challenging wage level classification.

Why Are These Revocations Happening Now?

Several broader policy shifts are pushing USCIS toward greater scrutiny of H-1B wage levels.

1. The New Wage-Weighted H-1B Selection System

Beginning with the FY 2027 H-1B cap, the government is implementing a wage-weighted lottery system.

Under this system:

• Level I → 1 lottery entry
• Level II → 2 entries
• Level III → 3 entries
• Level IV → 4 entries

Higher wage levels therefore receive greater chances of selection.

This creates a strong incentive for USCIS to verify that employers are not misrepresenting wage levels to gain advantage.

2. Increased Fraud Detection Site Visits

USCIS’ Fraud Detection and National Security Directorate (FDNS) has expanded its site visit program, which verifies:

• Employer legitimacy
• Worksite location
• Job duties
• Wage compliance

These visits often trigger additional scrutiny of H-1B petitions.

If inconsistencies are discovered, USCIS may issue:

• Requests for Evidence (RFEs)
• Notices of Intent to Deny (NOIDs)
• Notices of Intent to Revoke (NOIRs)

3. Government Focus on Preventing Wage Manipulation

Federal policymakers have increasingly framed H-1B reform around preventing wage manipulation and protecting U.S. workers.

Recent DHS policy statements emphasize:

• Prioritizing higher-paid, higher-skilled workers
• Reducing reliance on entry-level H-1B roles
• Detecting attempts to manipulate wage classifications

These priorities are influencing adjudication practices.

Why USCIS May Reclassify Wage Levels

In NOIR cases, USCIS often argues that the selected wage level does not match the duties described.

Common triggers include:

1. Advanced Duties with Entry-Level Wage

Example:

• Job duties: system architecture, independent design
• Wage level: Level I

USCIS may argue the duties require Level II or Level III.

2. Contradictions in Job Description

For example:

• Petition claims entry-level position
• But requires 3–5 years of experience

USCIS may argue this contradicts Level I classification.

3. Inconsistent Company Data

USCIS sometimes compares:

• Other H-1B employees
• Internal wage structures
• Company job titles

If similar roles are classified at higher wage levels, USCIS may question the classification.

What Employers Should Do Now

Because of this increasing scrutiny, employers should carefully review how they select wage levels.

Key best practices include:

Conduct a Wage Level Analysis

Employers should document:

• Why the position fits Level I, II, III, or IV
• How job duties align with DOL guidance

Align Job Descriptions and Wage Levels

The following must be consistent:

• LCA
• H-1B petition
• Job offer letter
• Internal job description

Prepare for FDNS Site Visits

Employers should ensure:

• HR staff understand job duties
• Managers can explain the role
• Employee tasks match the petition

Maintain Documentation

Employers should retain evidence such as:

• Internal salary surveys
• Industry salary comparisons
• Organizational charts
• Job training plans

These materials can be crucial in responding to a NOIR.

Responding to a Wage-Level NOIR

If USCIS issues a Notice of Intent to Revoke based on wage classification, a strong response may include:

• Expert wage analysis
• Detailed explanation of duties
• Comparison with Department of Labor guidance
• Evidence of industry wage norms

In many cases, carefully prepared responses can prevent revocation.

The Bigger Picture

Even though the government has not officially announced a campaign targeting wage level misclassification, several structural developments suggest that scrutiny will continue to increase:

• Wage-weighted H-1B selection
• Heightened fraud enforcement
• Political focus on high-skill immigration

As these changes take effect, accurate wage classification is becoming one of the most important compliance issues in the H-1B program.

Final Thoughts

For employers and H-1B professionals, the lesson is clear:

The wage level chosen on the LCA must be defensible.

Even years after approval, USCIS may revisit whether the wage level properly reflected the job duties.

Careful planning, documentation, and legal review can reduce the risk of costly H-1B revocations.