DENIED H-1B FY 2023

Head of Engineering

Nuritas Corporation · Fremont, California

Case #I-200-23229-273420

A Head of Engineering position at Nuritas Corporation in Fremont, California was filed at $173k per year, offering 17% above the prevailing wage of $147k. The case was denied in 5 days during the FY FY2023 cycle. This position is for continued employment.

$173k
Annual Salary
$147k
Prevailing Wage
+17.3%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-23229-273420
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerNuritas Corporation
Employer LocationWilmington, Delaware
Job TitleHead of Engineering
SOC Code11-904100 – Architectural and Engineering Managers
WorksiteFremont, California
Annual Wage$173k
Prevailing Wage$147k
Wage Premium+17.3%
Positions1 (0 new, 0 continued)

Timeline

Aug 17, 2023
Received
Aug 22, 2023
Decision
Aug 28, 2023
Employment Start
Aug 27, 2026
Employment End

More Filings from Nuritas Corporation

Job TitleSalaryStatusDate
Head of Engineering $173k CERTIFIED Aug 28, 2023

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Nuritas Corporation for the position of Head of Engineering in Fremont, California. The offered annual salary is $173k, compared to the prevailing wage of $147k for this occupation and location. This represents a wage premium of +17.3% 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, Nuritas Corporation filed LCA case number I-200-23229-273420 to sponsor a Head of Engineering position at their worksite in Fremont, California. 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 $173k compares to the DOL prevailing wage of $147k for Architectural and Engineering Managers positions in the Fremont, California area. The positive wage premium of +17.3% 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 Nuritas Corporation'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 Aug 17, 2023 and a decision was rendered on Aug 22, 2023, a processing time of approximately 5 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 $173k for this Head of Engineering 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 11-904100 (Architectural and Engineering Managers), 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 Head of Engineering position?

The offered annual salary for this Head of Engineering position at Nuritas Corporation is $173k. The Department of Labor prevailing wage for this occupation and location is $147k. The offered wage represents a +17.3% premium over the prevailing wage.

Where is this Head of Engineering job located?

This H-1B filing is for a position located in Fremont, California. The employing company, Nuritas Corporation, is headquartered in Wilmington, Delaware.

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 Nuritas Corporation, located in Wilmington, Delaware. Nuritas Corporation filed this Labor Condition Application (case number I-200-23229-273420) for a Head of Engineering position during fiscal year FY 2023. View all Nuritas Corporation 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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