As part of ongoing guidance to support your H-1B program compliance, this newsletter addresses a critical but often overlooked factor in H-1B wage level determinations: the Specific Vocational Preparation (SVP) score and its role in shaping DOL wage level classifications under the Labor Condition Application (LCA) process.
Misalignment between a job’s described complexity and the wage level selected in the LCA continues to be a leading cause of RFEs, NOIRs, and petition denials. Employers should be aware of how subtle shifts in job description language or internal documentation can materially affect an SVP assessment and with it, the legally required wage level.
Understanding the Specific Vocational Preparation (SVP) Score in H-1B Compliance
The Specific Vocational Preparation (SVP) score is a standardized occupational metric used by the U.S. Department of Labor (DOL) to quantify the amount of preparation time required for a worker to perform a given job at a competent level. The SVP is a central element in job classification, particularly for determining appropriate wage levels in H-1B Labor Condition Applications (LCAs).
- Definition of SVP
The SVP score is defined as:
“The amount of time required by a typical worker to learn the techniques, acquire the information, and develop the facility needed for average performance in a specific job-worker situation.”
This includes:
- Formal education
- On-the-job training
- Prior work experience
- Apprenticeship or vocational instruction
The SVP concept is not new; it is long-established within the DOL’s Dictionary of Occupational Titles (DOT) and is now embedded in the O*NET occupational database, which is the foundation for the Occupational Employment and Wage Statistics (OEWS) used in LCA wage level determination.
- SVP Levels and Timeframes
SVP scores range from 1 to 9, with each level corresponding to a defined range of time needed for preparation:
| SVP Level | Preparation Time Required |
|---|---|
| 1 | Short demonstration only |
| 2 | Up to 1 month |
| 3 | Over 1 month up to 3 months |
| 4 | Over 3 months up to 6 months |
| 5 | Over 6 months up to 1 year |
| 6 | Over 1 year up to 18 months |
| 7 | Over 18 months up to 4 years |
| 8 | Over 4 years up to 10 years |
| 9 | Over 10 years |
The SVP level assigned to a position is not based on the individual worker’s background, but rather on what the job typically requires to reach proficiency.
- SVP and Wage Level Classification
The DOL uses the SVP score, in conjunction with other criteria, to determine the appropriate wage level (Level 1 to Level 4) when assessing an H-1B position under the LCA system.
While the SVP is not explicitly shown on the LCA, it is implicitly used in the Foreign Labor Certification Data Center (FLCDataCenter) and associated wage algorithms.
Key rule of thumb:
Each additional year of required experience generally increases the SVP score by 1 point, pushing the wage level higher.
For example:
- A position with SVP 7 (typical of bachelor’s + 2 years’ experience) may justify Wage Level 2 or 3.
- Increasing the experience requirement to 5 years pushes it toward SVP 8 or 9, often justifying Wage Level 4.
Note: Wage levels are not determined solely by SVP; they also consider the degree of supervision, complexity of duties, latitude for independent judgment, and any special skills or licenses.
- Travel Requirements and SVP Adjustments
Travel requirements especially frequent or mandatory travel can affect SVP scoring and wage levels. DOL may interpret travel obligations as requiring greater independence and adaptability, which could justify a higher SVP and wage level, particularly if the travel involves client engagement, unsupervised work, or technical leadership.
- Practical Compliance Considerations
The implications of SVP scoring go beyond initial filing:
- Job titles and descriptions that use terms such as “senior,” “lead,” “principal,” “architect,” or “project manager” suggest a higher SVP due to implied responsibility and independence.
- During FDNS or ASVVP site visits, client managers or employees may inadvertently state that a role typically requires “5+ years of experience.” Even if the LCA and petition reflected a lower requirement, this oral statement can be used by USCIS or DOL to allege a material misrepresentation or misclassification.
- Overstated SVP can result in:
- Wage Level misalignment
- Request for Evidence (RFE)
- Notice of Intent to Revoke (NOIR)
- Petition denials or audits
- Best Practices for Employers
- Carefully align job descriptions with O*NET standards and avoid inflating duties or experience requirements.
- Use accurate and neutral job titles that reflect actual responsibilities.
- Ensure consistency in documentation, client communication, and employee understanding.
- Prepare stakeholders (including client-site supervisors) for potential government interviews or site visits.
- Work with legal counsel to review positions prior to filing to ensure proper SVP and wage level classification.
Frequently Asked Questions:
- How does the required number of years of experience in a job description influence the SVP score and wage level?
Each additional required year of work experience typically adds 1 point to the SVP score, which in turn can push the job into a higher wage level classification. For example, a role requiring a bachelor’s degree and no experience may correspond to SVP 6–7 and justify Wage Level 1. However, if the employer adds a 3–5 year experience requirement, the SVP may rise to 8 or 9, aligning with Wage Level 3 or 4. This directly affects the required prevailing wage and increases the burden of compliance.
- Can the use of job titles like “Lead Developer” or “Project Manager” affect the SVP or wage level, even if duties are modest?
Yes. Titles such as “Senior,” “Lead,” “Architect,” “Manager,” or “Product Owner” signal increased complexity, autonomy, or leadership responsibilities. Even if the actual duties do not justify that level of seniority, the use of such terms can lead DOL adjudicators or USCIS officers to presume a higher SVP and wage level. If the petition claims Wage Level 1 or 2 while using a senior-level title, this mismatch can trigger an RFE or denial.
- What happens if a client manager states during a USCIS site visit that the role requires more experience than listed in the petition?
This is a common and serious risk. During FDNS or ASVVP site visits, USCIS officers may ask the client manager or beneficiary how many years of experience the position typically requires. If the answer contradicts the LCA or petition for instance, stating “we usually need 5+ years” that can be treated as a material inconsistency, potentially resulting in a Notice of Intent to Revoke (NOIR). It suggests the wage level was improperly assigned based on underreported role complexity.
- How does the inclusion of a travel requirement affect SVP and wage level?
Travel requirements particularly frequent, independent, or client-facing travel can indicate a more complex role. The DOL may interpret this as requiring more preparation or a higher degree of independence, which supports a higher SVP and, consequently, a higher wage level. If such a requirement is not appropriately reflected in the LCA and petition, it could raise red flags during adjudication or site visits.
- If the H-1B candidate holds 10 years of experience, does that automatically increase the SVP or wage level?
No. The candidate’s background is not what determines the SVP or wage level it is based on what the job itself requires. If the position requires only 2 years of experience, and the candidate has 10, the wage level should still reflect the role’s requirement, not the employee’s qualifications. However, misalignment here is often misinterpreted, so job requirements must be clearly stated and defensible.
- How can employers safely structure a job description to support Wage Level 1 or 2 when using O*NET SVP 7 roles like Software Developers?
O*NET assigns an SVP range of 7 for many roles such as Software Developer or Financial Analyst. To support Wage Level 1 within SVP 7, the employer must structure the job duties to reflect an entry-level position typically requiring only a bachelor’s degree, little to no experience, close supervision, and routine tasks. Adding independent project work, supervisory duties, or client interaction will almost certainly warrant Wage Level 2 or higher.
- Can internal company standards or HR policies influence how USCIS or DOL assess SVP or wage level?
Only to a limited extent. While internal job ladders can help clarify job level expectations, USCIS and DOL rely primarily on federal occupational classification standards (O*NET/SOC) and LCA criteria. For instance, even if your company considers a “Senior Analyst” as entry-level internally, that label may imply experience and expertise that contradicts a Wage Level 1 filing.
- How is the SVP score determined when a job requires both a degree and experience?
The SVP score reflects the total time typically needed to qualify for a job, including education and experience. A bachelor’s degree is generally understood to represent up to 4 years of preparation, aligning with SVP Level 7.
Each additional year of required experience increases the SVP score by 1 point:
Bachelor’s + 2 years’ experience → SVP 8
Bachelor’s + 5 years’ experience → SVP 9
Higher SVP scores justify higher DOL wage levels. Overstating experience can unintentionally raise wage obligations and increase compliance risk.
- What are the consequences of selecting a wage level that is too low for the position’s actual complexity?
Filing with a wage level lower than justified by the role’s duties and requirements can lead to:
RFE or NOID for misclassification
NOIR following site visits
Petition denial
Compliance penalties in extreme cases
Additionally, the discrepancy can impact future filings for the same position, as USCIS records past inconsistencies.
- What steps should we take internally before finalizing the wage level on an H-1B petition? Employers should:
Conduct an SVP analysis by reviewing job duties, required education, and experience
Match the job to the appropriate SOC/O*NET classification
Review the Foreign Labor Certification Data Center wage levels
Avoid title inflation or aspirational language
Prepare client-site managers and employees for potential site visit interviews
Have job descriptions reviewed by immigration counsel to ensure consistency with the intended wage level.
Publisher: Santosh R. Somireddy
Attorney & Founding Partner
email: info@somireddylaw.com