DENIED H-1B FY 2021

Teacher, Physical Education

LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL · BROOKLYN, New York

Case #I-200-20315-906034

In FY2021, LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL sought H-1B sponsorship for a Teacher, Physical Education in BROOKLYN, New York at $73k per year, which is 0% above the prevailing wage of $73k. The case was denied in 3 days during the FY FY2021 cycle. This position is for new employment.

$73k
Annual Salary
up to $80k
$73k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-20315-906034
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2021
EmployerLEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL
Employer LocationBROOKLYN, New York
Job TitleTeacher, Physical Education
SOC Code25-202100 – Elementary School Teachers, Except Special Education
WorksiteBROOKLYN, New York
Annual Wage$73k – $80k
Prevailing Wage$73k
Wage Premium0.0%
Positions1 (1 new, 0 continued)

Timeline

Nov 10, 2020
Received
Nov 13, 2020
Decision
Nov 11, 2020
Employment Start
Sep 30, 2023
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL for the position of Teacher, Physical Education in BROOKLYN, New York. The offered annual salary is $73k, compared to the prevailing wage of $73k 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, LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL filed LCA case number I-200-20315-906034 to sponsor a Teacher, Physical Education position at their worksite in BROOKLYN, 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.

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 $73k compares to the DOL prevailing wage of $73k for Elementary School Teachers, Except Special Education positions in the BROOKLYN, New York 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 LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL'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 10, 2020 and a decision was rendered on Nov 13, 2020, 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 $73k for this Teacher, Physical Education 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 25-202100 (Elementary School Teachers, Except Special 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 Teacher, Physical Education position?

The offered annual salary for this Teacher, Physical Education position at LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL is $73k to $80k. The Department of Labor prevailing wage for this occupation and location is $73k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Teacher, Physical Education job located?

This H-1B filing is for a position located in BROOKLYN, New York. The employing company, LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL, is headquartered in BROOKLYN, New York.

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 LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL, located in BROOKLYN, New York. LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL filed this Labor Condition Application (case number I-200-20315-906034) for a Teacher, Physical Education position during fiscal year FY 2021. View all LEEP DUAL LANGUAGE ACADEMY CHARTER SCHOOL 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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