DENIED H-1B FY 2023

Special Education Teachers (2)

Laguna Department of Education · Laguna, New Mexico

Case #I-200-23137-030985

Laguna Department of Education filed an H-1B petition for a Special Education Teachers (2) position in Laguna, New Mexico at $81k per year — 3% above the prevailing wage of $78k. The case was denied in 1 days during the FY FY2023 cycle. This position is for continued employment. The filing covers 2 positions.

$81k
Annual Salary
up to $83k
$78k
Prevailing Wage
+3.4%
Wage Premium
2
Positions

Filing Details

Case NumberI-200-23137-030985
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerLaguna Department of Education
Employer LocationLaguna, New Mexico
Job TitleSpecial Education Teachers (2)
SOC Code25-205700 – Special Education Teachers, Middle School
WorksiteLaguna, New Mexico
Annual Wage$81k – $83k
Prevailing Wage$78k
Wage Premium+3.4%
Positions2 (0 new, 2 continued)

Timeline

May 17, 2023
Received
May 18, 2023
Decision
Aug 7, 2023
Employment Start
May 24, 2024
Employment End

More Filings from Laguna Department of Education

Job TitleSalaryStatusDate
Special Education Teacher $53k CERTIFIED - WITHDRAWN Nov 6, 2023
Special Education Teacher $76k DENIED May 17, 2023

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Laguna Department of Education for the position of Special Education Teachers (2) in Laguna, New Mexico. The offered annual salary is $81k, compared to the prevailing wage of $78k for this occupation and location. This represents a wage premium of +3.4% 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: 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, Laguna Department of Education filed LCA case number I-200-23137-030985 to sponsor a Special Education Teachers (2) position at their worksite in Laguna, New Mexico. 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 $81k compares to the DOL prevailing wage of $78k for Special Education Teachers, Middle School positions in the Laguna, New Mexico area. The positive wage premium of +3.4% 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 Laguna Department of Education'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 May 17, 2023 and a decision was rendered on May 18, 2023, 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 $81k for this Special Education Teachers (2) 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 25-205700 (Special Education Teachers, Middle School), 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.

This LCA covers 2 positions (0 new hires, 2 continued employment), indicating that Laguna Department of Education has multiple openings for this role. Multi-position LCAs are common among larger employers who need to hire several workers for the same job classification and location.

Frequently Asked Questions

What is the salary for this Special Education Teachers (2) position?

The offered annual salary for this Special Education Teachers (2) position at Laguna Department of Education is $81k to $83k. The Department of Labor prevailing wage for this occupation and location is $78k. The offered wage represents a +3.4% premium over the prevailing wage.

Where is this Special Education Teachers (2) job located?

This H-1B filing is for a position located in Laguna, New Mexico. The employing company, Laguna Department of Education, is headquartered in Laguna, New Mexico.

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 Laguna Department of Education, located in Laguna, New Mexico. Laguna Department of Education filed this Labor Condition Application (case number I-200-23137-030985) for a Special Education Teachers (2) position during fiscal year FY 2023. View all Laguna Department of Education 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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