DENIED E-3 AUSTRALIAN FY 2022

OPERATIONS MANAGER

SEASIDE YOGURT · DEL MAR, California

Case #I-203-21363-790689

In FY2022, SEASIDE YOGURT sought E-3 AUSTRALIAN sponsorship for a OPERATIONS MANAGER in DEL MAR, California at $75k per year, which is 7% above the prevailing wage of $70k. The case was denied in 7 days during the FY FY2022 cycle. This position is for new employment.

$75k
Annual Salary
up to $83k
$70k
Prevailing Wage
+7.3%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-21363-790689
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2022
EmployerSEASIDE YOGURT
Employer LocationDEL MAR, California
Job TitleOPERATIONS MANAGER
SOC Code11-102100 – General and Operations Managers
WorksiteDEL MAR, California
Annual Wage$75k – $83k
Prevailing Wage$70k
Wage Premium+7.3%
Positions1 (1 new, 0 continued)

Timeline

Dec 29, 2021
Received
Jan 5, 2022
Decision
Mar 9, 2022
Employment Start
Mar 8, 2024
Employment End

More Filings from SEASIDE YOGURT

Job TitleSalaryStatusDate
OPERATIONS MANAGER $75k CERTIFIED Jan 13, 2022

View all SEASIDE YOGURT filings →

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by SEASIDE YOGURT for the position of OPERATIONS MANAGER in DEL MAR, California. The offered annual salary is $75k, compared to the prevailing wage of $70k for this occupation and location. This represents a wage premium of +7.3% 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, SEASIDE YOGURT filed LCA case number I-203-21363-790689 to sponsor a OPERATIONS MANAGER position at their worksite in DEL MAR, 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 $75k compares to the DOL prevailing wage of $70k for General and Operations Managers positions in the DEL MAR, California area. The positive wage premium of +7.3% 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 SEASIDE YOGURT'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 Dec 29, 2021 and a decision was rendered on Jan 5, 2022, 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 $75k for this OPERATIONS MANAGER 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 11-102100 (General and Operations 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 OPERATIONS MANAGER position?

The offered annual salary for this OPERATIONS MANAGER position at SEASIDE YOGURT is $75k to $83k. The Department of Labor prevailing wage for this occupation and location is $70k. The offered wage represents a +7.3% premium over the prevailing wage.

Where is this OPERATIONS MANAGER job located?

This E-3 AUSTRALIAN filing is for a position located in DEL MAR, California. The employing company, SEASIDE YOGURT, is headquartered in DEL MAR, California.

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 SEASIDE YOGURT, located in DEL MAR, California. SEASIDE YOGURT filed this Labor Condition Application (case number I-203-21363-790689) for a OPERATIONS MANAGER position during fiscal year FY 2022. View all SEASIDE YOGURT 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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