CERTIFIED - WITHDRAWN H-1B FY 2021

Assistant/Associate Professor of Physical Education

New Mexico Highlands University · Las Vegas, New Mexico

Case #I-200-21124-286916

New Mexico Highlands University filed an H-1B petition for a Assistant/Associate Professor of Physical Education position in Las Vegas, New Mexico at $50k per year — 28% above the prevailing wage of $39k. The case was certified in 195 days during the FY FY2021 cycle. This position is for new employment.

$50k
Annual Salary
up to $51k
$39k
Prevailing Wage
+28.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-21124-286916
Case StatusCertified - Withdrawn
Visa ClassH-1B
Fiscal YearFY 2021
EmployerNew Mexico Highlands University
Employer LocationLas Vegas, New Mexico
Job TitleAssistant/Associate Professor of Physical Education
SOC Code25-119300 – Recreation and Fitness Studies Teachers, Postsecondary
WorksiteLas Vegas, New Mexico
Annual Wage$50k – $51k
Prevailing Wage$39k
Wage Premium+28.0%
Positions1 (1 new, 0 continued)

Timeline

May 4, 2021
Received
Nov 15, 2021
Decision
Jul 1, 2021
Employment Start
Jun 30, 2024
Employment End

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Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by New Mexico Highlands University for the position of Assistant/Associate Professor of Physical Education in Las Vegas, New Mexico. The offered annual salary is $50k, compared to the prevailing wage of $39k for this occupation and location. This represents a wage premium of +28.0% 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Case status: Certified - Withdrawn. This means the employer or their representative withdrew the application.

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, New Mexico Highlands University filed LCA case number I-200-21124-286916 to sponsor a Assistant/Associate Professor of Physical Education position at their worksite in Las Vegas, 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 $50k compares to the DOL prevailing wage of $39k for Recreation and Fitness Studies Teachers, Postsecondary positions in the Las Vegas, New Mexico area. The positive wage premium of +28.0% 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 Certified - Withdrawn Means for This Application

A "Certified-Withdrawn" status means this LCA was initially certified by the DOL but was later withdrawn by the employer. This can happen for various reasons: the foreign worker may have declined the position, found employment elsewhere, the employer may have decided to refile with updated information, or business conditions may have changed. A withdrawal does not negatively affect the employer's ability to file future LCAs.

Processing Time

This LCA was received by the DOL on May 4, 2021 and a decision was rendered on Nov 15, 2021, a processing time of approximately 195 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.

Comparing to Industry Standards

The offered salary of $50k for this Assistant/Associate Professor of 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 25-119300 (Recreation and Fitness Studies Teachers, Postsecondary), 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 Assistant/Associate Professor of Physical Education position?

The offered annual salary for this Assistant/Associate Professor of Physical Education position at New Mexico Highlands University is $50k to $51k. The Department of Labor prevailing wage for this occupation and location is $39k. The offered wage represents a +28.0% premium over the prevailing wage.

Where is this Assistant/Associate Professor of Physical Education job located?

This H-1B filing is for a position located in Las Vegas, New Mexico. The employing company, New Mexico Highlands University, is headquartered in Las Vegas, 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 New Mexico Highlands University, located in Las Vegas, New Mexico. New Mexico Highlands University filed this Labor Condition Application (case number I-200-21124-286916) for a Assistant/Associate Professor of Physical Education position during fiscal year FY 2021. View all New Mexico Highlands University H-1B filings.

What does LCA “Certified - Withdrawn” mean?

Certified-Withdrawn means this LCA was initially certified by the DOL but was subsequently withdrawn by the employer or their authorized representative.

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