DENIED H-1B FY 2022

Executive chef

Sashas Kitchen Inc · MYRTLE BEACH, South Carolina

Case #I-200-22146-213095

In FY2022, Sashas Kitchen Inc sought H-1B sponsorship for a Executive chef in MYRTLE BEACH, South Carolina at $42k per year, which is 0% above the prevailing wage of $42k. The case was denied in 1 days during the FY FY2022 cycle. This position is for new employment.

$42k
Annual Salary
up to $52k
$42k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22146-213095
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2022
EmployerSashas Kitchen Inc
Employer LocationMYRTLE BEACH, South Carolina
Job TitleExecutive chef
SOC Code35-101100 – Chefs and Head Cooks
WorksiteMYRTLE BEACH, South Carolina
Annual Wage$42k – $52k
Prevailing Wage$42k
Wage Premium0.0%
Positions1 (1 new, 0 continued)

Timeline

May 26, 2022
Received
May 27, 2022
Decision
Oct 3, 2022
Employment Start
Sep 25, 2025
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Sashas Kitchen Inc for the position of Executive chef in MYRTLE BEACH, South Carolina. The offered annual salary is $42k, compared to the prevailing wage of $42k for this occupation and location. This represents a wage premium of 0.0% 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: 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, Sashas Kitchen Inc filed LCA case number I-200-22146-213095 to sponsor a Executive chef position at their worksite in MYRTLE BEACH, South Carolina. 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 $42k compares to the DOL prevailing wage of $42k for Chefs and Head Cooks positions in the MYRTLE BEACH, South Carolina area. The positive wage premium of 0.0% 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 Denied Means for This Application

A "Denied" status means the DOL has determined that Sashas Kitchen Inc'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 May 26, 2022 and a decision was rendered on May 27, 2022, a processing time of approximately 1 business day. 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 $42k for this Executive chef 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 35-101100 (Chefs and Head Cooks), 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 Executive chef position?

The offered annual salary for this Executive chef position at Sashas Kitchen Inc is $42k to $52k. The Department of Labor prevailing wage for this occupation and location is $42k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Executive chef job located?

This H-1B filing is for a position located in MYRTLE BEACH, South Carolina. The employing company, Sashas Kitchen Inc, is headquartered in MYRTLE BEACH, South Carolina.

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 Sashas Kitchen Inc, located in MYRTLE BEACH, South Carolina. Sashas Kitchen Inc filed this Labor Condition Application (case number I-200-22146-213095) for a Executive chef position during fiscal year FY 2022. View all Sashas Kitchen Inc 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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