CERTIFIED - WITHDRAWN H-1B FY 2024

Law Fellow

Open Avenues Foundation · Jersey City, New Jersey

Case #I-200-24185-174250

A Law Fellow position at Open Avenues Foundation in Jersey City, New Jersey was filed at $64k per year, offering 31% above the prevailing wage of $49k. The case was certified in 22 days during the FY FY2024 cycle. This position is for new employment.

$64k
Annual Salary
$49k
Prevailing Wage
+30.8%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-24185-174250
Case StatusCertified - Withdrawn
Visa ClassH-1B
Fiscal YearFY 2024
EmployerOpen Avenues Foundation
Employer LocationNew York, New York
Job TitleLaw Fellow
SOC Code13-115100 – Training and Development Specialists
WorksiteJersey City, New Jersey
Annual Wage$64k
Prevailing Wage$49k
Wage Premium+30.8%
Positions1 (1 new, 0 continued)

Timeline

Jul 3, 2024
Received
Jul 25, 2024
Decision
Jul 28, 2024
Employment Start
Jul 27, 2027
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Open Avenues Foundation for the position of Law Fellow in Jersey City, New Jersey. The offered annual salary is $64k, compared to the prevailing wage of $49k for this occupation and location. This represents a wage premium of +30.8% 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Case status: Certified - Withdrawn.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, Open Avenues Foundation filed LCA case number I-200-24185-174250 to sponsor a Law Fellow position at their worksite in Jersey City, New Jersey. 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 $64k compares to the DOL prevailing wage of $49k for Training and Development Specialists positions in the Jersey City, New Jersey area. The positive wage premium of +30.8% 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 Jul 3, 2024 and a decision was rendered on Jul 25, 2024, a processing time of approximately 22 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 $64k for this Law Fellow 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 13-115100 (Training and Development Specialists), 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 Law Fellow position?

The offered annual salary for this Law Fellow position at Open Avenues Foundation is $64k. The Department of Labor prevailing wage for this occupation and location is $49k. The offered wage represents a +30.8% premium over the prevailing wage.

Where is this Law Fellow job located?

This H-1B filing is for a position located in Jersey City, New Jersey. The employing company, Open Avenues Foundation, is headquartered in New York, 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 Open Avenues Foundation, located in New York, New York. Open Avenues Foundation filed this Labor Condition Application (case number I-200-24185-174250) for a Law Fellow position during fiscal year FY 2024. View all Open Avenues Foundation 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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