DENIED E-3 AUSTRALIAN FY 2023

Director of Programming

McNally Jackson Combray · New York, New York

Case #I-203-23254-335357

In FY2023, McNally Jackson Combray sought E-3 AUSTRALIAN sponsorship for a Director of Programming in New York, New York at $105k per year, which is 0% above the prevailing wage of $105k. The case was denied in 2 days during the FY FY2023 cycle. This position is for new employment.

$105k
Annual Salary
up to $110k
$105k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-23254-335357
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2023
EmployerMcNally Jackson Combray
Employer LocationNew York City, New York
Job TitleDirector of Programming
SOC Code11-919900 – Managers, All Other
WorksiteNew York, New York
Annual Wage$105k – $110k
Prevailing Wage$105k
Wage Premium0.0%
Positions1 (1 new, 0 continued)

Timeline

Sep 11, 2023
Received
Sep 13, 2023
Decision
Oct 2, 2023
Employment Start
Oct 1, 2025
Employment End

More Filings from McNally Jackson Combray

Job TitleSalaryStatusDate
Director of Programming $56k CERTIFIED Oct 17, 2023
Director of Programming $105k CERTIFIED Sep 21, 2023

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by McNally Jackson Combray for the position of Director of Programming in New York, New York. The offered annual salary is $105k, compared to the prevailing wage of $105k 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, McNally Jackson Combray filed LCA case number I-203-23254-335357 to sponsor a Director of Programming 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.

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 $105k compares to the DOL prevailing wage of $105k for Managers, All Other positions in the New York, 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 McNally Jackson Combray'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 11, 2023 and a decision was rendered on Sep 13, 2023, a processing time of approximately 2 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 $105k for this Director of Programming 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 11-919900 (Managers, All Other), 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 Director of Programming position?

The offered annual salary for this Director of Programming position at McNally Jackson Combray is $105k to $110k. The Department of Labor prevailing wage for this occupation and location is $105k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Director of Programming job located?

This E-3 AUSTRALIAN filing is for a position located in New York, New York. The employing company, McNally Jackson Combray, is headquartered in New York City, New York.

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 McNally Jackson Combray, located in New York City, New York. McNally Jackson Combray filed this Labor Condition Application (case number I-203-23254-335357) for a Director of Programming position during fiscal year FY 2023. View all McNally Jackson Combray 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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