DENIED H-1B FY 2022

GENERAL SURGEON

APPALACHIAN MOUNTAINS MEDICAL, LLC · WELCH, West Virginia

Case #I-200-21322-714813

In FY2022, APPALACHIAN MOUNTAINS MEDICAL, LLC sought H-1B sponsorship for a GENERAL SURGEON in WELCH, West Virginia at $300k per year, which is 422% above the prevailing wage of $57k. The case was denied in 5 days during the FY FY2022 cycle. This position is for new employment.

$300k
Annual Salary
$57k
Prevailing Wage
+422.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-21322-714813
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2022
EmployerAPPALACHIAN MOUNTAINS MEDICAL, LLC
Employer LocationBECKLEY, West Virginia
Job TitleGENERAL SURGEON
SOC Code29-106700 – Surgeons
WorksiteWELCH, West Virginia
Annual Wage$300k
Prevailing Wage$57k
Wage Premium+422.0%
Positions1 (1 new, 0 continued)

Timeline

Nov 18, 2021
Received
Nov 23, 2021
Decision
Dec 1, 2021
Employment Start
Nov 30, 2024
Employment End

More Filings from APPALACHIAN MOUNTAINS MEDICAL, LLC

Job TitleSalaryStatusDate
GENERAL SURGEON $300k CERTIFIED Dec 2, 2021
GENERAL SURGEON $300k DENIED Nov 23, 2021
GENERAL SURGEON $300k WITHDRAWN Nov 22, 2021

View all APPALACHIAN MOUNTAINS MEDICAL, LLC filings →

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by APPALACHIAN MOUNTAINS MEDICAL, LLC for the position of GENERAL SURGEON in WELCH, West Virginia. The offered annual salary is $300k, compared to the prevailing wage of $57k for this occupation and location. This represents a wage premium of +422.0% above the prevailing wage.

The LCA is the first step in the H-1B visa process. Employers must file an LCA with the Department of Labor certifying that they will pay the foreign worker at least the prevailing wage for the occupation in the area of intended employment. A certified LCA is required before the employer can file an H-1B petition with USCIS.

Case status: Denied. This means the Department of Labor has denied the application, possibly due to wage or documentation issues.

Understanding This LCA Filing

A Labor Condition Application (LCA) is a mandatory document that U.S. employers must file with the U.S. Department of Labor (DOL) before they can petition for a foreign worker under the H-1B, H-1B1, or E-3 visa categories. The LCA process was established under the Immigration and Nationality Act (INA) to protect both foreign and domestic workers by ensuring fair wages and working conditions.

Why Employers File LCAs

When a U.S. company identifies a foreign national to fill a specialty occupation position, they must first obtain DOL certification through the LCA process before filing the H-1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS). In this case, APPALACHIAN MOUNTAINS MEDICAL, LLC filed LCA case number I-200-21322-714813 to sponsor a GENERAL SURGEON position at their worksite in WELCH, West Virginia. By filing this LCA, the employer attests to four key conditions: (1) paying the higher of the actual wage or prevailing wage, (2) providing working conditions that will not adversely affect other similarly employed workers, (3) no strike or lockout at the worksite, and (4) providing notice of the filing to the bargaining representative or posting notice at the worksite.

What Wage Levels Mean

The DOL establishes four wage levels for each occupation and geographic area, representing the progression from entry-level to fully competent workers:

For this filing, the offered wage of $300k compares to the DOL prevailing wage of $57k for Surgeons positions in the WELCH, West Virginia area. The positive wage premium of +422.0% indicates the employer is offering above the DOL-determined average for this occupation and location.

What is Prevailing Wage?

The prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. The DOL determines prevailing wages using data from the Occupational Employment and Wage Statistics (OEWS) survey conducted by the Bureau of Labor Statistics (BLS). Employers must pay H-1B workers the higher of the prevailing wage or the actual wage paid to other employees in similar positions at the company. This requirement is designed to prevent employers from using H-1B workers to undercut domestic wages.

How to Interpret This Data

What Denied Means for This Application

A "Denied" status means the DOL has determined that APPALACHIAN MOUNTAINS MEDICAL, LLC's LCA did not meet one or more regulatory requirements. Common reasons for denial include: the offered wage falling below the prevailing wage, errors in the application, failure to properly attest to working conditions, or prior violations by the employer. The employer may correct the identified issues and submit a new LCA.

Processing Time

This LCA was received by the DOL on Nov 18, 2021 and a decision was rendered on Nov 23, 2021, a processing time of approximately 5 business days. The standard DOL processing time for LCA applications is 7 to 10 business days. This application was processed within the standard timeframe.

Comparing to Industry Standards

The offered salary of $300k for this GENERAL SURGEON position provides a data point for evaluating compensation trends in H-1B visa sponsorship. When reviewing H-1B salary data, consider that wages vary significantly based on geographic location, employer size, industry sector, and the worker's experience level. This position falls under SOC code 29-106700 (Surgeons), which standardizes how the Bureau of Labor Statistics classifies occupations across industries. Metropolitan areas like New York, San Francisco, and Seattle typically command higher salaries due to higher costs of living, while positions in smaller markets may offer lower nominal wages but comparable purchasing power.

Frequently Asked Questions

What is the salary for this GENERAL SURGEON position?

The offered annual salary for this GENERAL SURGEON position at APPALACHIAN MOUNTAINS MEDICAL, LLC is $300k. The Department of Labor prevailing wage for this occupation and location is $57k. The offered wage represents a +422.0% premium over the prevailing wage.

Where is this GENERAL SURGEON job located?

This H-1B filing is for a position located in WELCH, West Virginia. The employing company, APPALACHIAN MOUNTAINS MEDICAL, LLC, is headquartered in BECKLEY, West Virginia.

What visa type is this filing for?

This Labor Condition Application is filed under the H-1B visa classification. The H-1B visa is designed for specialty occupation workers who possess at least a bachelor's degree or equivalent in a specific field related to the job.

Who is the employer for this H-1B filing?

The employer for this filing is APPALACHIAN MOUNTAINS MEDICAL, LLC, located in BECKLEY, West Virginia. APPALACHIAN MOUNTAINS MEDICAL, LLC filed this Labor Condition Application (case number I-200-21322-714813) for a GENERAL SURGEON position during fiscal year FY 2022. View all APPALACHIAN MOUNTAINS MEDICAL, LLC H-1B filings.

What does LCA “Denied” mean?

Denied means the U.S. Department of Labor has rejected this Labor Condition Application. Common reasons for denial include offering a wage below the prevailing wage, incomplete documentation, failure to properly attest to working conditions, or prior violations.

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