CERTIFIED - WITHDRAWN H-1B FY 2021

Associate Research Scientist

Simons Foundation · New York, New York

Case #I-200-21068-132393

In FY2021, Simons Foundation sought H-1B sponsorship for a Associate Research Scientist in New York, New York at $134k per year, which is 16% above the prevailing wage of $116k. The case was certified in 646 days during the FY FY2021 cycle. This position is for continued employment.

$134k
Annual Salary
$116k
Prevailing Wage
+15.8%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-21068-132393
Case StatusCertified - Withdrawn
Visa ClassH-1B
Fiscal YearFY 2021
EmployerSimons Foundation
Employer LocationNew York, New York
Job TitleAssociate Research Scientist
SOC Code19-201100 – Astronomers
WorksiteNew York, New York
Annual Wage$134k
Prevailing Wage$116k
Wage Premium+15.8%
Positions1 (0 new, 0 continued)

Timeline

Mar 9, 2021
Received
Dec 15, 2022
Decision
May 23, 2021
Employment Start
May 22, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Simons Foundation for the position of Associate Research Scientist in New York, New York. The offered annual salary is $134k, compared to the prevailing wage of $116k for this occupation and location. This represents a wage premium of +15.8% 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Case status: Certified - Withdrawn.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, Simons Foundation filed LCA case number I-200-21068-132393 to sponsor a Associate Research Scientist position at their worksite in New York, 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 $134k compares to the DOL prevailing wage of $116k for Astronomers positions in the New York, New York area. The positive wage premium of +15.8% 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 Mar 9, 2021 and a decision was rendered on Dec 15, 2022, a processing time of approximately 646 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 $134k for this Associate Research Scientist 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 19-201100 (Astronomers), 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 Associate Research Scientist position?

The offered annual salary for this Associate Research Scientist position at Simons Foundation is $134k. The Department of Labor prevailing wage for this occupation and location is $116k. The offered wage represents a +15.8% premium over the prevailing wage.

Where is this Associate Research Scientist job located?

This H-1B filing is for a position located in New York, New York. The employing company, Simons 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 Simons Foundation, located in New York, New York. Simons Foundation filed this Labor Condition Application (case number I-200-21068-132393) for a Associate Research Scientist position during fiscal year FY 2021. View all Simons 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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