DENIED H-1B FY 2023

Special Education Teacher

Taos Municipal Charter School · Taos, New Mexico

Case #I-200-23155-076553

A Special Education Teacher position at Taos Municipal Charter School in Taos, New Mexico was filed at $75k per year, offering 65% above the prevailing wage of $46k. The case was denied in 2 days during the FY FY2023 cycle. This position is for new employment.

$75k
Annual Salary
$46k
Prevailing Wage
+64.6%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-23155-076553
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerTaos Municipal Charter School
Employer LocationRanchos de Taos, New Mexico
Job TitleSpecial Education Teacher
SOC Code25-205700 – Special Education Teachers, Middle School
WorksiteTaos, New Mexico
Annual Wage$75k
Prevailing Wage$46k
Wage Premium+64.6%
Positions1 (1 new, 0 continued)

Timeline

Jun 4, 2023
Received
Jun 6, 2023
Decision
Jul 1, 2023
Employment Start
Jun 30, 2026
Employment End

More Filings from Taos Municipal Charter School

Job TitleSalaryStatusDate
Elementary School Teacher $53k CERTIFIED Apr 22, 2024
Special Education Teacher $75k CERTIFIED Jun 12, 2023

View all Taos Municipal Charter School filings →

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Taos Municipal Charter School for the position of Special Education Teacher in Taos, New Mexico. The offered annual salary is $75k, compared to the prevailing wage of $46k for this occupation and location. This represents a wage premium of +64.6% 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, Taos Municipal Charter School filed LCA case number I-200-23155-076553 to sponsor a Special Education Teacher position at their worksite in Taos, New Mexico. 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 $46k for Special Education Teachers, Middle School positions in the Taos, New Mexico area. The positive wage premium of +64.6% 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 Taos Municipal Charter School'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 Jun 4, 2023 and a decision was rendered on Jun 6, 2023, a processing time of approximately 2 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 Special Education Teacher 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 25-205700 (Special Education Teachers, Middle School), 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 Special Education Teacher position?

The offered annual salary for this Special Education Teacher position at Taos Municipal Charter School is $75k. The Department of Labor prevailing wage for this occupation and location is $46k. The offered wage represents a +64.6% premium over the prevailing wage.

Where is this Special Education Teacher job located?

This H-1B filing is for a position located in Taos, New Mexico. The employing company, Taos Municipal Charter School, is headquartered in Ranchos de Taos, New Mexico.

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 Taos Municipal Charter School, located in Ranchos de Taos, New Mexico. Taos Municipal Charter School filed this Labor Condition Application (case number I-200-23155-076553) for a Special Education Teacher position during fiscal year FY 2023. View all Taos Municipal Charter School 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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