DENIED H-1B FY 2023

R&D Engineer

Biotage, LLC · Salem, New Hampshire

Case #I-200-22348-640670

In FY2023, Biotage, LLC sought H-1B sponsorship for a R&D Engineer in Salem, New Hampshire at $125k per year, which is 8% above the prevailing wage of $116k. The case was denied in 2 days during the FY FY2023 cycle. This position is for continued employment.

$125k
Annual Salary
$116k
Prevailing Wage
+7.5%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22348-640670
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerBiotage, LLC
Employer LocationSalem, New Hampshire
Job TitleR&D Engineer
SOC Code17-203100 – Bioengineers and Biomedical Engineers
WorksiteSalem, New Hampshire
Annual Wage$125k
Prevailing Wage$116k
Wage Premium+7.5%
Positions1 (0 new, 0 continued)

Timeline

Dec 14, 2022
Received
Dec 16, 2022
Decision
Jan 16, 2023
Employment Start
Jan 15, 2026
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Biotage, LLC for the position of R&D Engineer in Salem, New Hampshire. The offered annual salary is $125k, compared to the prevailing wage of $116k for this occupation and location. This represents a wage premium of +7.5% 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, Biotage, LLC filed LCA case number I-200-22348-640670 to sponsor a R&D Engineer position at their worksite in Salem, New Hampshire. 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 $125k compares to the DOL prevailing wage of $116k for Bioengineers and Biomedical Engineers positions in the Salem, New Hampshire area. The positive wage premium of +7.5% 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 Biotage, 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 Dec 14, 2022 and a decision was rendered on Dec 16, 2022, a processing time of approximately 2 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 $125k for this R&D Engineer 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 17-203100 (Bioengineers and Biomedical Engineers), 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 R&D Engineer position?

The offered annual salary for this R&D Engineer position at Biotage, LLC is $125k. The Department of Labor prevailing wage for this occupation and location is $116k. The offered wage represents a +7.5% premium over the prevailing wage.

Where is this R&D Engineer job located?

This H-1B filing is for a position located in Salem, New Hampshire. The employing company, Biotage, LLC, is headquartered in Salem, New Hampshire.

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 Biotage, LLC, located in Salem, New Hampshire. Biotage, LLC filed this Labor Condition Application (case number I-200-22348-640670) for a R&D Engineer position during fiscal year FY 2023. View all Biotage, 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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