DENIED E-3 AUSTRALIAN FY 2022

Exercise Scientist

Excel Therapy of NJ Corp · Jackson, New Jersey

Case #I-203-22266-490531

Excel Therapy of NJ Corp filed an E-3 AUSTRALIAN petition for a Exercise Scientist position in Jackson, New Jersey at $50k per year — 3% above the prevailing wage of $48k. The case was denied in 3 days during the FY FY2022 cycle. This position is for new employment.

$50k
Annual Salary
$48k
Prevailing Wage
+3.3%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-22266-490531
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2022
EmployerExcel Therapy of NJ Corp
Employer LocationLakewood, New Jersey
Job TitleExercise Scientist
SOC Code29-112800 – Exercise Physiologists
WorksiteJackson, New Jersey
Annual Wage$50k
Prevailing Wage$48k
Wage Premium+3.3%
Positions1 (1 new, 0 continued)

Timeline

Sep 23, 2022
Received
Sep 26, 2022
Decision
Oct 24, 2022
Employment Start
Oct 23, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Excel Therapy of NJ Corp for the position of Exercise Scientist in Jackson, New Jersey. The offered annual salary is $50k, compared to the prevailing wage of $48k for this occupation and location. This represents a wage premium of +3.3% 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, Excel Therapy of NJ Corp filed LCA case number I-203-22266-490531 to sponsor a Exercise Scientist position at their worksite in Jackson, New Jersey. 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 $50k compares to the DOL prevailing wage of $48k for Exercise Physiologists positions in the Jackson, New Jersey area. The positive wage premium of +3.3% 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 Excel Therapy of NJ Corp'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 Sep 23, 2022 and a decision was rendered on Sep 26, 2022, a processing time of approximately 3 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 $50k for this Exercise Scientist 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 29-112800 (Exercise Physiologists), 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 Exercise Scientist position?

The offered annual salary for this Exercise Scientist position at Excel Therapy of NJ Corp is $50k. The Department of Labor prevailing wage for this occupation and location is $48k. The offered wage represents a +3.3% premium over the prevailing wage.

Where is this Exercise Scientist job located?

This E-3 AUSTRALIAN filing is for a position located in Jackson, New Jersey. The employing company, Excel Therapy of NJ Corp, is headquartered in Lakewood, New Jersey.

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 Excel Therapy of NJ Corp, located in Lakewood, New Jersey. Excel Therapy of NJ Corp filed this Labor Condition Application (case number I-203-22266-490531) for a Exercise Scientist position during fiscal year FY 2022. View all Excel Therapy of NJ Corp 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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