DENIED E-3 AUSTRALIAN FY 2022

ENGLISH AS SECOND LANGUAGE INSTRUCTOR

NORTHERN ACADEMY OF THE ARTS · Middletown, New York

Case #I-203-22008-817426

A ENGLISH AS SECOND LANGUAGE INSTRUCTOR position at NORTHERN ACADEMY OF THE ARTS in Middletown, New York was filed at $30k per year, offering 7% above the prevailing wage of $28k. The case was denied in 3 days during the FY FY2022 cycle. This position is for new employment.

$30k
Annual Salary
up to $31k
$28k
Prevailing Wage
+7.2%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-22008-817426
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2022
EmployerNORTHERN ACADEMY OF THE ARTS
Employer LocationMiddletown, New York
Job TitleENGLISH AS SECOND LANGUAGE INSTRUCTOR
SOC Code25-309900 – Teachers and Instructors, All Other
WorksiteMiddletown, New York
Annual Wage$30k – $31k
Prevailing Wage$28k
Wage Premium+7.2%
Positions1 (1 new, 0 continued)

Timeline

Jan 8, 2022
Received
Jan 11, 2022
Decision
Mar 14, 2022
Employment Start
Mar 13, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by NORTHERN ACADEMY OF THE ARTS for the position of ENGLISH AS SECOND LANGUAGE INSTRUCTOR in Middletown, New York. The offered annual salary is $30k, compared to the prevailing wage of $28k for this occupation and location. This represents a wage premium of +7.2% 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, NORTHERN ACADEMY OF THE ARTS filed LCA case number I-203-22008-817426 to sponsor a ENGLISH AS SECOND LANGUAGE INSTRUCTOR position at their worksite in Middletown, 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 $30k compares to the DOL prevailing wage of $28k for Teachers and Instructors, All Other positions in the Middletown, New York area. The positive wage premium of +7.2% 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 NORTHERN ACADEMY OF THE ARTS'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 Jan 8, 2022 and a decision was rendered on Jan 11, 2022, 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 $30k for this ENGLISH AS SECOND LANGUAGE INSTRUCTOR 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 25-309900 (Teachers and Instructors, 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 ENGLISH AS SECOND LANGUAGE INSTRUCTOR position?

The offered annual salary for this ENGLISH AS SECOND LANGUAGE INSTRUCTOR position at NORTHERN ACADEMY OF THE ARTS is $30k to $31k. The Department of Labor prevailing wage for this occupation and location is $28k. The offered wage represents a +7.2% premium over the prevailing wage.

Where is this ENGLISH AS SECOND LANGUAGE INSTRUCTOR job located?

This E-3 AUSTRALIAN filing is for a position located in Middletown, New York. The employing company, NORTHERN ACADEMY OF THE ARTS, is headquartered in Middletown, 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 NORTHERN ACADEMY OF THE ARTS, located in Middletown, New York. NORTHERN ACADEMY OF THE ARTS filed this Labor Condition Application (case number I-203-22008-817426) for a ENGLISH AS SECOND LANGUAGE INSTRUCTOR position during fiscal year FY 2022. View all NORTHERN ACADEMY OF THE ARTS 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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