DENIED H-1B FY 2022

Elementary School Teacher

County of Valley School District 23 · Lustre, Montana

Case #I-200-22237-437956

In FY2022, County of Valley School District 23 sought H-1B sponsorship for a Elementary School Teacher in Lustre, Montana at $42k per year, which is 35% above the prevailing wage of $31k. The case was denied in 1 days during the FY FY2022 cycle. This position is for new employment.

$42k
Annual Salary
$31k
Prevailing Wage
+35.3%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22237-437956
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2022
EmployerCounty of Valley School District 23
Employer LocationLustre, Montana
Job TitleElementary School Teacher
SOC Code25-202100 – Elementary School Teachers, Except Special Education
WorksiteLustre, Montana
Annual Wage$42k
Prevailing Wage$31k
Wage Premium+35.3%
Positions1 (1 new, 0 continued)

Timeline

Aug 25, 2022
Received
Aug 26, 2022
Decision
Sep 1, 2022
Employment Start
Aug 31, 2025
Employment End

More Filings from County of Valley School District 23

Job TitleSalaryStatusDate
ELEMENTARY SCHOOL TEACHER $36k CERTIFIED Jul 5, 2023
ELEMENTARY SCHOOL TEACHER $31k CERTIFIED Jun 14, 2023
Elementary School Teacher $42k CERTIFIED Aug 26, 2022

View all County of Valley School District 23 filings →

Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by County of Valley School District 23 for the position of Elementary School Teacher in Lustre, Montana. The offered annual salary is $42k, compared to the prevailing wage of $31k for this occupation and location. This represents a wage premium of +35.3% 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, County of Valley School District 23 filed LCA case number I-200-22237-437956 to sponsor a Elementary School Teacher position at their worksite in Lustre, Montana. 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 $31k for Elementary School Teachers, Except Special Education positions in the Lustre, Montana area. The positive wage premium of +35.3% 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 County of Valley School District 23'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 Aug 25, 2022 and a decision was rendered on Aug 26, 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 Elementary School 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 25-202100 (Elementary School Teachers, Except Special Education), 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 Elementary School Teacher position?

The offered annual salary for this Elementary School Teacher position at County of Valley School District 23 is $42k. The Department of Labor prevailing wage for this occupation and location is $31k. The offered wage represents a +35.3% premium over the prevailing wage.

Where is this Elementary School Teacher job located?

This H-1B filing is for a position located in Lustre, Montana. The employing company, County of Valley School District 23, is headquartered in Lustre, Montana.

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 County of Valley School District 23, located in Lustre, Montana. County of Valley School District 23 filed this Labor Condition Application (case number I-200-22237-437956) for a Elementary School Teacher position during fiscal year FY 2022. View all County of Valley School District 23 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.

Related Guides