CERTIFIED H-1B FY 2023

IMMIGRATION SPECIALIST

PENA & KAHN PLLC · Jackson Heights, New York

Case #I-200-23219-244780

In FY2023, PENA & KAHN PLLC sought H-1B sponsorship for a IMMIGRATION SPECIALIST in Jackson Heights, New York at $52k per year, which is 9% above the prevailing wage of $48k. The case was certified in 7 days during the FY FY2023 cycle. This position is for new employment.

$52k
Annual Salary
$48k
Prevailing Wage
+8.9%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-23219-244780
Case StatusCertified
Visa ClassH-1B
Fiscal YearFY 2023
EmployerPENA & KAHN PLLC
Employer LocationJACKSON HEIGHTS, New York
Job TitleIMMIGRATION SPECIALIST
SOC Code23-201100 – Paralegals and Legal Assistants
WorksiteJackson Heights, New York
Annual Wage$52k
Prevailing Wage$48k
Wage Premium+8.9%
Positions1 (1 new, 0 continued)

Timeline

Aug 7, 2023
Received
Aug 14, 2023
Decision
Oct 1, 2023
Employment Start
Sep 30, 2026
Employment End

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Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by PENA & KAHN PLLC for the position of IMMIGRATION SPECIALIST in Jackson Heights, New York. The offered annual salary is $52k, compared to the prevailing wage of $48k for this occupation and location. This represents a wage premium of +8.9% 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. This means the Department of Labor has certified that the employer meets the wage and working condition requirements.

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, PENA & KAHN PLLC filed LCA case number I-200-23219-244780 to sponsor a IMMIGRATION SPECIALIST position at their worksite in Jackson Heights, 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 $52k compares to the DOL prevailing wage of $48k for Paralegals and Legal Assistants positions in the Jackson Heights, New York area. The positive wage premium of +8.9% 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 Means for This Application

A "Certified" status means the DOL has reviewed PENA & KAHN PLLC's attestations and determined that the LCA meets all regulatory requirements. The employer has demonstrated that the offered wage of $52k meets or exceeds the prevailing wage for IMMIGRATION SPECIALIST positions in the Jackson Heights, New York area. It is important to understand that LCA certification does not guarantee H-1B visa approval. The next step is for the employer to file Form I-129 with USCIS, which evaluates whether the position qualifies as a specialty occupation and whether the beneficiary has the required qualifications.

Processing Time

This LCA was received by the DOL on Aug 7, 2023 and a decision was rendered on Aug 14, 2023, a processing time of approximately 7 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 $52k for this IMMIGRATION SPECIALIST 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 23-201100 (Paralegals and Legal Assistants), 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 IMMIGRATION SPECIALIST position?

The offered annual salary for this IMMIGRATION SPECIALIST position at PENA & KAHN PLLC is $52k. The Department of Labor prevailing wage for this occupation and location is $48k. The offered wage represents a +8.9% premium over the prevailing wage.

Where is this IMMIGRATION SPECIALIST job located?

This H-1B filing is for a position located in Jackson Heights, New York. The employing company, PENA & KAHN PLLC, is headquartered in JACKSON HEIGHTS, 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 PENA & KAHN PLLC, located in JACKSON HEIGHTS, New York. PENA & KAHN PLLC filed this Labor Condition Application (case number I-200-23219-244780) for a IMMIGRATION SPECIALIST position during fiscal year FY 2023. View all PENA & KAHN PLLC H-1B filings.

What does LCA “Certified” mean?

Certified means the U.S. Department of Labor has approved this Labor Condition Application, confirming that PENA & KAHN PLLC has attested to meeting all wage and working condition requirements. A certified LCA does not guarantee H-1B visa approval — the employer must still file a separate petition (Form I-129) with USCIS.

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