CERTIFIED E-3 AUSTRALIAN FY 2021

Associate

Ashurst LLP · New York, New York

Case #I-203-20311-902733

In FY2021, Ashurst LLP sought E-3 AUSTRALIAN sponsorship for a Associate in New York, New York at $255k per year, which is 23% above the prevailing wage of $208k. The case was certified in 10 days during the FY FY2021 cycle. This position is for continued employment.

$255k
Annual Salary
$208k
Prevailing Wage
+22.6%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-20311-902733
Case StatusCertified
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2021
EmployerAshurst LLP
Employer LocationNew York, New York
Job TitleAssociate
SOC Code23-101100 – Lawyers
WorksiteNew York, New York
Annual Wage$255k
Prevailing Wage$208k
Wage Premium+22.6%
Positions1 (0 new, 1 continued)

Timeline

Nov 6, 2020
Received
Nov 16, 2020
Decision
Jan 16, 2021
Employment Start
Jan 15, 2023
Employment End

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SENIOR ASSOCIATE $435k CERTIFIED Sep 4, 2024

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Ashurst LLP for the position of Associate in New York, New York. The offered annual salary is $255k, compared to the prevailing wage of $208k for this occupation and location. This represents a wage premium of +22.6% 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: Certified. This means the Department of Labor has certified that the employer meets the wage and working condition requirements.

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, Ashurst LLP filed LCA case number I-203-20311-902733 to sponsor a Associate position at their worksite in New York, New York. 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 $255k compares to the DOL prevailing wage of $208k for Lawyers positions in the New York, New York area. The positive wage premium of +22.6% 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 Certified Means for This Application

A "Certified" status means the DOL has reviewed Ashurst LLP's attestations and determined that the LCA meets all regulatory requirements. The employer has demonstrated that the offered wage of $255k meets or exceeds the prevailing wage for Associate positions in the New York, New York area. It is important to understand that LCA certification does not guarantee H-1B visa approval. The next step is for the employer to file Form I-129 with USCIS, which evaluates whether the position qualifies as a specialty occupation and whether the beneficiary has the required qualifications.

Processing Time

This LCA was received by the DOL on Nov 6, 2020 and a decision was rendered on Nov 16, 2020, a processing time of approximately 10 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 $255k for this Associate position provides a data point for evaluating compensation trends in E-3 AUSTRALIAN 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 23-101100 (Lawyers), 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 Associate position?

The offered annual salary for this Associate position at Ashurst LLP is $255k. The Department of Labor prevailing wage for this occupation and location is $208k. The offered wage represents a +22.6% premium over the prevailing wage.

Where is this Associate job located?

This E-3 AUSTRALIAN filing is for a position located in New York, New York. The employing company, Ashurst LLP, is headquartered in New York, New York.

What visa type is this filing for?

This Labor Condition Application is filed under the E-3 AUSTRALIAN visa classification. This visa classification allows employers to hire foreign workers for specialty occupation positions in the United States.

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

The employer for this filing is Ashurst LLP, located in New York, New York. Ashurst LLP filed this Labor Condition Application (case number I-203-20311-902733) for a Associate position during fiscal year FY 2021. View all Ashurst LLP H-1B filings.

What does LCA “Certified” mean?

Certified means the U.S. Department of Labor has approved this Labor Condition Application, confirming that Ashurst LLP has attested to meeting all wage and working condition requirements. A certified LCA does not guarantee H-1B visa approval — the employer must still file a separate petition (Form I-129) with USCIS.

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