DENIED E-3 AUSTRALIAN FY 2021

Tree Climber

Design Tree Maintenance, Inc. · Phoenix, Arizona

Case #I-203-21195-460838

In FY2021, Design Tree Maintenance, Inc. sought E-3 AUSTRALIAN sponsorship for a Tree Climber in Phoenix, Arizona at $60k per year, which is 43% above the prevailing wage of $42k. The case was denied in 6 days during the FY FY2021 cycle. This position is for new employment.

$60k
Annual Salary
up to $80k
$42k
Prevailing Wage
+42.8%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-21195-460838
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2021
EmployerDesign Tree Maintenance, Inc.
Employer LocationPhoenix, Arizona
Job TitleTree Climber
SOC Code37-301300 – Tree Trimmers and Pruners
WorksitePhoenix, Arizona
Annual Wage$60k – $80k
Prevailing Wage$42k
Wage Premium+42.8%
Positions1 (1 new, 0 continued)

Timeline

Jul 14, 2021
Received
Jul 20, 2021
Decision
Jul 19, 2021
Employment Start
Jul 19, 2023
Employment End

More Filings from Design Tree Maintenance, Inc.

Job TitleSalaryStatusDate
Tree Climber $50k CERTIFIED Jul 20, 2021

View all Design Tree Maintenance, Inc. filings →

Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by Design Tree Maintenance, Inc. for the position of Tree Climber in Phoenix, Arizona. The offered annual salary is $60k, compared to the prevailing wage of $42k for this occupation and location. This represents a wage premium of +42.8% 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, Design Tree Maintenance, Inc. filed LCA case number I-203-21195-460838 to sponsor a Tree Climber position at their worksite in Phoenix, 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 $60k compares to the DOL prevailing wage of $42k for Tree Trimmers and Pruners positions in the Phoenix, Arizona area. The positive wage premium of +42.8% 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 Design Tree Maintenance, Inc.'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 Jul 14, 2021 and a decision was rendered on Jul 20, 2021, 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 $60k for this Tree Climber position provides a data point for evaluating compensation trends in E-3 AUSTRALIAN 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 37-301300 (Tree Trimmers and Pruners), 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 Tree Climber position?

The offered annual salary for this Tree Climber position at Design Tree Maintenance, Inc. is $60k to $80k. The Department of Labor prevailing wage for this occupation and location is $42k. The offered wage represents a +42.8% premium over the prevailing wage.

Where is this Tree Climber job located?

This E-3 AUSTRALIAN filing is for a position located in Phoenix, Arizona. The employing company, Design Tree Maintenance, Inc., is headquartered in Phoenix, Arizona.

What visa type is this filing for?

This Labor Condition Application is filed under the E-3 AUSTRALIAN 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 Design Tree Maintenance, Inc., located in Phoenix, Arizona. Design Tree Maintenance, Inc. filed this Labor Condition Application (case number I-203-21195-460838) for a Tree Climber position during fiscal year FY 2021. View all Design Tree Maintenance, Inc. 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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