KAPLAN HECKER & FINK LLP · New York, New York
Case #I-203-20358-977714
A Law Clerk position at KAPLAN HECKER & FINK LLP in New York, New York was filed at $195k per year, offering 136% above the prevailing wage of $82k. The case was certified in 12 days during the FY FY2021 cycle. This position is for new employment.
| Case Number | I-203-20358-977714 |
| Case Status | Certified |
| Visa Class | E-3 AUSTRALIAN |
| Fiscal Year | FY 2021 |
| Employer | KAPLAN HECKER & FINK LLP |
| Employer Location | New York, New York |
| Job Title | Law Clerk |
| SOC Code | 23-101100 – Lawyers |
| Worksite | New York, New York |
| Annual Wage | $195k |
| Prevailing Wage | $82k |
| Wage Premium | +136.4% |
| Positions | 1 (1 new, 0 continued) |
| Job Title | Salary | Status | Date |
|---|---|---|---|
| ASSOCIATE | $315k | CERTIFIED | Jan 25, 2022 |
| Associate Attorney (Unadmitted) | $200k | CERTIFIED | Apr 20, 2022 |
This Labor Condition Application (LCA) was filed by KAPLAN HECKER & FINK LLP for the position of Law Clerk in New York, New York. The offered annual salary is $195k, compared to the prevailing wage of $82k for this occupation and location. This represents a wage premium of +136.4% 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: Certified. This means the Department of Labor has certified that the employer meets the wage and working condition requirements.
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.
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, KAPLAN HECKER & FINK LLP filed LCA case number I-203-20358-977714 to sponsor a Law Clerk position at their worksite in New York, New York. 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.
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 $195k compares to the DOL prevailing wage of $82k for Lawyers positions in the New York, New York area. The positive wage premium of +136.4% indicates the employer is offering above the DOL-determined average for this occupation and location.
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.
A "Certified" status means the DOL has reviewed KAPLAN HECKER & FINK LLP's attestations and determined that the LCA meets all regulatory requirements. The employer has demonstrated that the offered wage of $195k meets or exceeds the prevailing wage for Law Clerk positions in the New York, New York area. It is important to understand that LCA certification does not guarantee H-1B visa approval. The next step is for the employer to file Form I-129 with USCIS, which evaluates whether the position qualifies as a specialty occupation and whether the beneficiary has the required qualifications.
This LCA was received by the DOL on Dec 23, 2020 and a decision was rendered on Jan 4, 2021, a processing time of approximately 12 business days. The standard DOL processing time for LCA applications is 7 to 10 business days. This application took longer than the standard timeframe, which may indicate additional review was required.
The offered salary of $195k for this Law Clerk 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 23-101100 (Lawyers), 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.
The offered annual salary for this Law Clerk position at KAPLAN HECKER & FINK LLP is $195k. The Department of Labor prevailing wage for this occupation and location is $82k. The offered wage represents a +136.4% premium over the prevailing wage.
This E-3 AUSTRALIAN filing is for a position located in New York, New York. The employing company, KAPLAN HECKER & FINK LLP, is headquartered in New York, New York.
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.
The employer for this filing is KAPLAN HECKER & FINK LLP, located in New York, New York. KAPLAN HECKER & FINK LLP filed this Labor Condition Application (case number I-203-20358-977714) for a Law Clerk position during fiscal year FY 2021. View all KAPLAN HECKER & FINK LLP H-1B filings.
Certified means the U.S. Department of Labor has approved this Labor Condition Application, confirming that KAPLAN HECKER & FINK LLP has attested to meeting all wage and working condition requirements. A certified LCA does not guarantee H-1B visa approval — the employer must still file a separate petition (Form I-129) with USCIS.