DENIED H-1B FY 2023

Teacher

Cedarburg School District · Cedarburg, Wisconsin

Case #I-200-22312-575316

In FY2023, Cedarburg School District sought H-1B sponsorship for a Teacher in Cedarburg, Wisconsin at $42k per year, which is 0% above the prevailing wage of $42k. The case was denied in 1 days during the FY FY2023 cycle. This position is for new employment.

$42k
Annual Salary
up to $90k
$42k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22312-575316
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerCedarburg School District
Employer LocationCedarburg, Wisconsin
Job TitleTeacher
SOC Code25-205800 – Special Education Teachers, Secondary School
WorksiteCedarburg, Wisconsin
Annual Wage$42k – $90k
Prevailing Wage$42k
Wage Premium0.0%
Positions1 (1 new, 0 continued)

Timeline

Nov 8, 2022
Received
Nov 9, 2022
Decision
Nov 9, 2022
Employment Start
Jun 13, 2023
Employment End

More Filings from Cedarburg School District

Job TitleSalaryStatusDate
Teacher $42k CERTIFIED Nov 18, 2022
Teacher $42k DENIED Nov 9, 2022

View all Cedarburg School District filings →

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Cedarburg School District for the position of Teacher in Cedarburg, Wisconsin. The offered annual salary is $42k, compared to the prevailing wage of $42k 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: 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, Cedarburg School District filed LCA case number I-200-22312-575316 to sponsor a Teacher position at their worksite in Cedarburg, Wisconsin. 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 $42k compares to the DOL prevailing wage of $42k for Special Education Teachers, Secondary School positions in the Cedarburg, Wisconsin 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 Denied Means for This Application

A "Denied" status means the DOL has determined that Cedarburg School District'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 Nov 8, 2022 and a decision was rendered on Nov 9, 2022, 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.

Comparing to Industry Standards

The offered salary of $42k for this Teacher 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 25-205800 (Special Education Teachers, Secondary School), 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 Teacher position?

The offered annual salary for this Teacher position at Cedarburg School District is $42k to $90k. The Department of Labor prevailing wage for this occupation and location is $42k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Teacher job located?

This H-1B filing is for a position located in Cedarburg, Wisconsin. The employing company, Cedarburg School District, is headquartered in Cedarburg, Wisconsin.

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 Cedarburg School District, located in Cedarburg, Wisconsin. Cedarburg School District filed this Labor Condition Application (case number I-200-22312-575316) for a Teacher position during fiscal year FY 2023. View all Cedarburg School District 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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