ARAYA'S LLP · BISMARCK, North Dakota
Case #I-200-23073-846346
In FY2023, ARAYA'S LLP sought H-1B sponsorship for a TRUCK DRIVER in BISMARCK, North Dakota at $43k per year, which is 1% above the prevailing wage of $43k. The case was denied in 1 days during the FY FY2023 cycle. This position is for new employment.
| Case Number | I-200-23073-846346 |
| Case Status | Denied |
| Visa Class | H-1B |
| Fiscal Year | FY 2023 |
| Employer | ARAYA'S LLP |
| Employer Location | BISMARCK, North Dakota |
| Job Title | TRUCK DRIVER |
| SOC Code | 53-303200 – Heavy and Tractor-Trailer Truck Drivers |
| Worksite | BISMARCK, North Dakota |
| Annual Wage | $43k |
| Prevailing Wage | $43k |
| Wage Premium | +0.7% |
| Positions | 1 (1 new, 0 continued) |
| Job Title | Salary | Status | Date |
|---|---|---|---|
| TRUCK DRIVER | $43k | DENIED | Mar 14, 2023 |
This Labor Condition Application (LCA) was filed by ARAYA'S LLP for the position of TRUCK DRIVER in BISMARCK, North Dakota. The offered annual salary is $43k, compared to the prevailing wage of $43k for this occupation and location. This represents a wage premium of +0.7% 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.
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.
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, ARAYA'S LLP filed LCA case number I-200-23073-846346 to sponsor a TRUCK DRIVER position at their worksite in BISMARCK, North Dakota. 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.
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 $43k compares to the DOL prevailing wage of $43k for Heavy and Tractor-Trailer Truck Drivers positions in the BISMARCK, North Dakota area. The positive wage premium of +0.7% indicates the employer is offering above the DOL-determined average for this occupation and location.
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.
A "Denied" status means the DOL has determined that ARAYA'S LLP'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.
This LCA was received by the DOL on Mar 14, 2023 and a decision was rendered on Mar 15, 2023, a processing time of approximately 1 business day. The standard DOL processing time for LCA applications is 7 to 10 business days. This application was processed within the standard timeframe.
The offered salary of $43k for this TRUCK DRIVER 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 53-303200 (Heavy and Tractor-Trailer Truck Drivers), 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.
The offered annual salary for this TRUCK DRIVER position at ARAYA'S LLP is $43k. The Department of Labor prevailing wage for this occupation and location is $43k. The offered wage represents a +0.7% premium over the prevailing wage.
This H-1B filing is for a position located in BISMARCK, North Dakota. The employing company, ARAYA'S LLP, is headquartered in BISMARCK, North Dakota.
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.
The employer for this filing is ARAYA'S LLP, located in BISMARCK, North Dakota. ARAYA'S LLP filed this Labor Condition Application (case number I-200-23073-846346) for a TRUCK DRIVER position during fiscal year FY 2023. View all ARAYA'S LLP H-1B filings.
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.