DENIED H-1B FY 2022

ENGLISH INSTRUCTOR

SKY LANGUAGE QUEENS INC · Flushing, New York

Case #I-200-22048-909906

SKY LANGUAGE QUEENS INC filed an H-1B petition for a ENGLISH INSTRUCTOR position in Flushing, New York at $46k per year — 1% above the prevailing wage of $45k. The case was denied in 5 days during the FY FY2022 cycle. This position is for continued employment.

$46k
Annual Salary
up to $46k
$45k
Prevailing Wage
+0.9%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22048-909906
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2022
EmployerSKY LANGUAGE QUEENS INC
Employer LocationFLUSHING, New York
Job TitleENGLISH INSTRUCTOR
SOC Code25-108100 – Education Teachers, Postsecondary
WorksiteFlushing, New York
Annual Wage$46k – $46k
Prevailing Wage$45k
Wage Premium+0.9%
Positions1 (0 new, 0 continued)

Timeline

Feb 17, 2022
Received
Feb 22, 2022
Decision
Mar 1, 2022
Employment Start
Nov 27, 2024
Employment End

More Filings from SKY LANGUAGE QUEENS INC

Job TitleSalaryStatusDate
English Instructor $52k CERTIFIED Nov 15, 2024
English Instructor $52k CERTIFIED Nov 6, 2024
ENGLISH INSTRUCTOR $46k CERTIFIED Feb 23, 2022

View all SKY LANGUAGE QUEENS INC filings →

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by SKY LANGUAGE QUEENS INC for the position of ENGLISH INSTRUCTOR in Flushing, New York. The offered annual salary is $46k, compared to the prevailing wage of $45k for this occupation and location. This represents a wage premium of +0.9% 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: 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, SKY LANGUAGE QUEENS INC filed LCA case number I-200-22048-909906 to sponsor a ENGLISH INSTRUCTOR position at their worksite in Flushing, 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 $46k compares to the DOL prevailing wage of $45k for Education Teachers, Postsecondary positions in the Flushing, New York area. The positive wage premium of +0.9% 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 Denied Means for This Application

A "Denied" status means the DOL has determined that SKY LANGUAGE QUEENS 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 Feb 17, 2022 and a decision was rendered on Feb 22, 2022, a processing time of approximately 5 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 $46k for this ENGLISH INSTRUCTOR 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 25-108100 (Education Teachers, Postsecondary), 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 ENGLISH INSTRUCTOR position?

The offered annual salary for this ENGLISH INSTRUCTOR position at SKY LANGUAGE QUEENS INC is $46k to $46k. The Department of Labor prevailing wage for this occupation and location is $45k. The offered wage represents a +0.9% premium over the prevailing wage.

Where is this ENGLISH INSTRUCTOR job located?

This H-1B filing is for a position located in Flushing, New York. The employing company, SKY LANGUAGE QUEENS INC, is headquartered in FLUSHING, 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 SKY LANGUAGE QUEENS INC, located in FLUSHING, New York. SKY LANGUAGE QUEENS INC filed this Labor Condition Application (case number I-200-22048-909906) for a ENGLISH INSTRUCTOR position during fiscal year FY 2022. View all SKY LANGUAGE QUEENS 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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