DENIED H-1B FY 2024

Complex Spine Fellow PY5

Banner University Medical Group · Tucson, Arizona

Case #I-200-24173-139617

A Complex Spine Fellow PY5 position at Banner University Medical Group in Tucson, Arizona was filed at $78k per year, offering 197% above the prevailing wage of $26k. The case was denied in 6 days during the FY FY2024 cycle. This position is for continued employment.

$78k
Annual Salary
$26k
Prevailing Wage
+197.4%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-24173-139617
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2024
EmployerBanner University Medical Group
Employer LocationPhoenix, Arizona
Job TitleComplex Spine Fellow PY5
SOC Code29-124900 – Surgeons, All Other
WorksiteTucson, Arizona
Annual Wage$78k
Prevailing Wage$26k
Wage Premium+197.4%
Positions1 (0 new, 0 continued)

Timeline

Jun 21, 2024
Received
Jun 27, 2024
Decision
Jul 1, 2024
Employment Start
Jul 18, 2025
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Banner University Medical Group for the position of Complex Spine Fellow PY5 in Tucson, Arizona. The offered annual salary is $78k, compared to the prevailing wage of $26k for this occupation and location. This represents a wage premium of +197.4% 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, Banner University Medical Group filed LCA case number I-200-24173-139617 to sponsor a Complex Spine Fellow PY5 position at their worksite in Tucson, Arizona. 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 $78k compares to the DOL prevailing wage of $26k for Surgeons, All Other positions in the Tucson, Arizona area. The positive wage premium of +197.4% 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 Banner University Medical Group'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 Jun 21, 2024 and a decision was rendered on Jun 27, 2024, a processing time of approximately 6 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 $78k for this Complex Spine Fellow PY5 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 29-124900 (Surgeons, All Other), 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 Complex Spine Fellow PY5 position?

The offered annual salary for this Complex Spine Fellow PY5 position at Banner University Medical Group is $78k. The Department of Labor prevailing wage for this occupation and location is $26k. The offered wage represents a +197.4% premium over the prevailing wage.

Where is this Complex Spine Fellow PY5 job located?

This H-1B filing is for a position located in Tucson, Arizona. The employing company, Banner University Medical Group, is headquartered in Phoenix, Arizona.

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 Banner University Medical Group, located in Phoenix, Arizona. Banner University Medical Group filed this Labor Condition Application (case number I-200-24173-139617) for a Complex Spine Fellow PY5 position during fiscal year FY 2024. View all Banner University Medical Group 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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