CERTIFIED - WITHDRAWN E-3 AUSTRALIAN FY 2023

Associate

Baker Donelson Bearman Caldwell & Berkowitz PC · Nashville, Tennessee

Case #I-203-23006-687284

In FY2023, Baker Donelson Bearman Caldwell & Berkowitz PC sought E-3 AUSTRALIAN sponsorship for a Associate in Nashville, Tennessee at $97k per year, which is 0% above the prevailing wage of $97k. The case was certified in 11 days during the FY FY2023 cycle. This position is for continued employment.

$97k
Annual Salary
up to $195k
$97k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-23006-687284
Case StatusCertified - Withdrawn
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2023
EmployerBaker Donelson Bearman Caldwell & Berkowitz PC
Employer LocationMemphis, Tennessee
Job TitleAssociate
SOC Code23-101100 – Lawyers
WorksiteNashville, Tennessee
Annual Wage$97k – $195k
Prevailing Wage$97k
Wage Premium0.0%
Positions1 (0 new, 0 continued)

Timeline

Jan 6, 2023
Received
Jan 17, 2023
Decision
Jan 23, 2023
Employment Start
Jan 22, 2025
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Baker Donelson Bearman Caldwell & Berkowitz PC for the position of Associate in Nashville, Tennessee. The offered annual salary is $97k, compared to the prevailing wage of $97k for this occupation and location. This represents a wage premium of 0.0% 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Case status: Certified - Withdrawn. This means the employer or their representative withdrew the application.

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, Baker Donelson Bearman Caldwell & Berkowitz PC filed LCA case number I-203-23006-687284 to sponsor a Associate position at their worksite in Nashville, Tennessee. 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 $97k compares to the DOL prevailing wage of $97k for Lawyers positions in the Nashville, Tennessee area. The positive wage premium of 0.0% 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 Certified - Withdrawn Means for This Application

A "Certified-Withdrawn" status means this LCA was initially certified by the DOL but was later withdrawn by the employer. This can happen for various reasons: the foreign worker may have declined the position, found employment elsewhere, the employer may have decided to refile with updated information, or business conditions may have changed. A withdrawal does not negatively affect the employer's ability to file future LCAs.

Processing Time

This LCA was received by the DOL on Jan 6, 2023 and a decision was rendered on Jan 17, 2023, a processing time of approximately 11 business days. The standard DOL processing time for LCA applications is 7 to 10 business days. This application took longer than the standard timeframe, which may indicate additional review was required.

Comparing to Industry Standards

The offered salary of $97k 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 Baker Donelson Bearman Caldwell & Berkowitz PC is $97k to $195k. The Department of Labor prevailing wage for this occupation and location is $97k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Associate job located?

This E-3 AUSTRALIAN filing is for a position located in Nashville, Tennessee. The employing company, Baker Donelson Bearman Caldwell & Berkowitz PC, is headquartered in Memphis, Tennessee.

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 Baker Donelson Bearman Caldwell & Berkowitz PC, located in Memphis, Tennessee. Baker Donelson Bearman Caldwell & Berkowitz PC filed this Labor Condition Application (case number I-203-23006-687284) for a Associate position during fiscal year FY 2023. View all Baker Donelson Bearman Caldwell & Berkowitz PC H-1B filings.

What does LCA “Certified - Withdrawn” mean?

Certified-Withdrawn means this LCA was initially certified by the DOL but was subsequently withdrawn by the employer or their authorized representative.

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