DENIED H-1B1 CHILE FY 2023

Spanish Teacher

DaVinci Academy of Arts and Science · Ham Lake, Minnesota

Case #I-201-22315-583570

In FY2023, DaVinci Academy of Arts and Science sought H-1B1 CHILE sponsorship for a Spanish Teacher in Ham Lake, Minnesota at $45k per year, which is 0% above the prevailing wage of $45k. The case was denied in 5 days during the FY FY2023 cycle. This position is for continued employment.

$45k
Annual Salary
up to $51k
$45k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-201-22315-583570
Case StatusDenied
Visa ClassH-1B1 CHILE
Fiscal YearFY 2023
EmployerDaVinci Academy of Arts and Science
Employer LocationHam Lake, Minnesota
Job TitleSpanish Teacher
SOC Code25-202200 – Middle School Teachers, Except Special and Career/Technical Education
WorksiteHam Lake, Minnesota
Annual Wage$45k – $51k
Prevailing Wage$45k
Wage Premium0.0%
Positions1 (0 new, 1 continued)

Timeline

Nov 11, 2022
Received
Nov 16, 2022
Decision
Jan 2, 2023
Employment Start
Jan 1, 2026
Employment End

More Filings from DaVinci Academy of Arts and Science

Job TitleSalaryStatusDate
Spanish Teacher $45k CERTIFIED Nov 16, 2022
Spanish Teacher $47k CERTIFIED Dec 4, 2020

View all DaVinci Academy of Arts and Science filings →

Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by DaVinci Academy of Arts and Science for the position of Spanish Teacher in Ham Lake, Minnesota. The offered annual salary is $45k, compared to the prevailing wage of $45k 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, DaVinci Academy of Arts and Science filed LCA case number I-201-22315-583570 to sponsor a Spanish Teacher position at their worksite in Ham Lake, Minnesota. 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 $45k compares to the DOL prevailing wage of $45k for Middle School Teachers, Except Special and Career/Technical Education positions in the Ham Lake, Minnesota 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 DaVinci Academy of Arts and Science'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 11, 2022 and a decision was rendered on Nov 16, 2022, a processing time of approximately 5 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 $45k for this Spanish Teacher position provides a data point for evaluating compensation trends in H-1B1 CHILE 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 25-202200 (Middle School Teachers, Except Special and Career/Technical 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 Spanish Teacher position?

The offered annual salary for this Spanish Teacher position at DaVinci Academy of Arts and Science is $45k to $51k. The Department of Labor prevailing wage for this occupation and location is $45k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Spanish Teacher job located?

This H-1B1 CHILE filing is for a position located in Ham Lake, Minnesota. The employing company, DaVinci Academy of Arts and Science, is headquartered in Ham Lake, Minnesota.

What visa type is this filing for?

This Labor Condition Application is filed under the H-1B1 CHILE 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 DaVinci Academy of Arts and Science, located in Ham Lake, Minnesota. DaVinci Academy of Arts and Science filed this Labor Condition Application (case number I-201-22315-583570) for a Spanish Teacher position during fiscal year FY 2023. View all DaVinci Academy of Arts and Science 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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