SIDEWAYS INC · BROOKLYN, New York
Case #I-203-21085-176798
SIDEWAYS INC filed an E-3 AUSTRALIAN petition for a Marketing Manager position in BROOKLYN, New York at $130k per year — 10% above the prevailing wage of $118k. The case was certified in 327 days during the FY FY2021 cycle. This position is for new employment.
| Case Number | I-203-21085-176798 |
| Case Status | Certified - Withdrawn |
| Visa Class | E-3 AUSTRALIAN |
| Fiscal Year | FY 2021 |
| Employer | SIDEWAYS INC |
| Employer Location | LIVINGSTON MANOR, New York |
| Job Title | Marketing Manager |
| SOC Code | 11-202100 – Marketing Managers |
| Worksite | BROOKLYN, New York |
| Annual Wage | $130k |
| Prevailing Wage | $118k |
| Wage Premium | +10.4% |
| Positions | 1 (1 new, 0 continued) |
| Job Title | Salary | Status | Date |
|---|---|---|---|
| Director of Online Marketing & Analytics | $125k | CERTIFIED - WITHDRAWN | Apr 15, 2020 |
This Labor Condition Application (LCA) was filed by SIDEWAYS INC for the position of Marketing Manager in BROOKLYN, New York. The offered annual salary is $130k, compared to the prevailing wage of $118k for this occupation and location. This represents a wage premium of +10.4% 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Case status: Certified - Withdrawn.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.
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.
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, SIDEWAYS INC filed LCA case number I-203-21085-176798 to sponsor a Marketing Manager position at their worksite in BROOKLYN, 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.
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 $130k compares to the DOL prevailing wage of $118k for Marketing Managers positions in the BROOKLYN, New York area. The positive wage premium of +10.4% indicates the employer is offering above the DOL-determined average for this occupation and location.
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.
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.
This LCA was received by the DOL on Mar 26, 2021 and a decision was rendered on Feb 16, 2022, a processing time of approximately 327 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.
The offered salary of $130k for this Marketing 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 11-202100 (Marketing 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.
The offered annual salary for this Marketing Manager position at SIDEWAYS INC is $130k. The Department of Labor prevailing wage for this occupation and location is $118k. The offered wage represents a +10.4% premium over the prevailing wage.
This E-3 AUSTRALIAN filing is for a position located in BROOKLYN, New York. The employing company, SIDEWAYS INC, is headquartered in LIVINGSTON MANOR, New York.
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.
The employer for this filing is SIDEWAYS INC, located in LIVINGSTON MANOR, New York. SIDEWAYS INC filed this Labor Condition Application (case number I-203-21085-176798) for a Marketing Manager position during fiscal year FY 2021. View all SIDEWAYS INC H-1B filings.
Certified-Withdrawn means this LCA was initially certified by the DOL but was subsequently withdrawn by the employer or their authorized representative.