CERTIFIED - WITHDRAWN E-3 AUSTRALIAN FY 2021

Instructor/Fellow

The University of Alabama at Birmingham · Birmingham, Alabama

Case #I-203-21132-307132

In FY2021, The University of Alabama at Birmingham sought E-3 AUSTRALIAN sponsorship for a Instructor/Fellow in Birmingham, Alabama at $62k per year, which is 16% above the prevailing wage of $53k. The case was certified in 91 days during the FY FY2021 cycle. This position is for continued employment.

$62k
Annual Salary
$53k
Prevailing Wage
+16.4%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-21132-307132
Case StatusCertified - Withdrawn
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2021
EmployerThe University of Alabama at Birmingham
Employer LocationBirmingham, Alabama
Job TitleInstructor/Fellow
SOC Code29-106906 – Ophthalmologists
WorksiteBirmingham, Alabama
Annual Wage$62k
Prevailing Wage$53k
Wage Premium+16.4%
Positions1 (0 new, 0 continued)

Timeline

May 12, 2021
Received
Aug 11, 2021
Decision
Oct 24, 2021
Employment Start
Apr 22, 2022
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by The University of Alabama at Birmingham for the position of Instructor/Fellow in Birmingham, Alabama. The offered annual salary is $62k, compared to the prevailing wage of $53k for this occupation and location. This represents a wage premium of +16.4% 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Case status: Certified - Withdrawn.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.

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, The University of Alabama at Birmingham filed LCA case number I-203-21132-307132 to sponsor a Instructor/Fellow position at their worksite in Birmingham, Alabama. 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 $62k compares to the DOL prevailing wage of $53k for Ophthalmologists positions in the Birmingham, Alabama area. The positive wage premium of +16.4% 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 May 12, 2021 and a decision was rendered on Aug 11, 2021, a processing time of approximately 91 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 $62k for this Instructor/Fellow 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 29-106906 (Ophthalmologists), 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 Instructor/Fellow position?

The offered annual salary for this Instructor/Fellow position at The University of Alabama at Birmingham is $62k. The Department of Labor prevailing wage for this occupation and location is $53k. The offered wage represents a +16.4% premium over the prevailing wage.

Where is this Instructor/Fellow job located?

This E-3 AUSTRALIAN filing is for a position located in Birmingham, Alabama. The employing company, The University of Alabama at Birmingham, is headquartered in Birmingham, Alabama.

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 The University of Alabama at Birmingham, located in Birmingham, Alabama. The University of Alabama at Birmingham filed this Labor Condition Application (case number I-203-21132-307132) for a Instructor/Fellow position during fiscal year FY 2021. View all The University of Alabama at Birmingham 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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