To nkm-oct23
I will explain my LC situation and level 1 job altogether
Level 1 job means that the level of prevailing wages. In order to obtain a labor certification by RIR, we need to prove your job would pay you level 2 prevailing wages that means you have an ability to perform the specific duties INDEPENDENTLY WITHOUT SUPERVISION.
Because I am in social service field, unless you have a Master's degree and Professional license to practice counseling, my company (and most of place in this field) normally DOESNT offer level 2 wages for employee who doesn’t have an independent license. I have a BS and 2 years of experience, and moreover my company wasn't able to find a staff for the position I have for almost 1 year.
Also the DOT includes wide ranges of job responsibilities into one for counselors. This means the private practice counselor who charges $200 per session and a substance abuse counselor who's annually salary is less than 25K is classified in the same categories for prevailing wages.
My status was satisfying most of requirement for RIR except prevailing wages issues that I mentioned above.
My lawyer and I decided to argue about this. So we did send a nice letter explaining the current situation in the particular labor field and argued that I should be qualified to Labor certification even though it is level 1 wage job, since it is clear the labor is severely short in this field.
When DOL approved my case without any sort of questions, my lawyer was also very, very surprised and told me this is extremely rare for them to pass this case without a battle.
Here is my detail.
SESA in Ohio
applied on 4/22/02
approved on 9/24/02
DOL in Chicago
filed on 10/24/02
approved on 1/21/03
hope this helps