DENIED H-1B FY 2022

Assistant Professor

The University of Virginia · Charlottesville, Virginia

Case #I-200-22157-248977

In FY2022, The University of Virginia sought H-1B sponsorship for a Assistant Professor in Charlottesville, Virginia at $85k per year, which is 27% above the prevailing wage of $67k. The case was denied in 3 days during the FY FY2022 cycle. This position is for new employment.

$85k
Annual Salary
$67k
Prevailing Wage
+27.4%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-22157-248977
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2022
EmployerThe University of Virginia
Employer LocationCharlottesville, Virginia
Job TitleAssistant Professor
SOC Code25-112300 – English Language and Literature Teachers, Postsecondary
WorksiteCharlottesville, Virginia
Annual Wage$85k
Prevailing Wage$67k
Wage Premium+27.4%
Positions1 (1 new, 0 continued)

Timeline

Jun 6, 2022
Received
Jun 9, 2022
Decision
Aug 1, 2022
Employment Start
Jul 31, 2025
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by The University of Virginia for the position of Assistant Professor in Charlottesville, Virginia. The offered annual salary is $85k, compared to the prevailing wage of $67k for this occupation and location. This represents a wage premium of +27.4% 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: 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, The University of Virginia filed LCA case number I-200-22157-248977 to sponsor a Assistant Professor position at their worksite in Charlottesville, Virginia. 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 $85k compares to the DOL prevailing wage of $67k for English Language and Literature Teachers, Postsecondary positions in the Charlottesville, Virginia area. The positive wage premium of +27.4% 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 Denied Means for This Application

A "Denied" status means the DOL has determined that The University of Virginia'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 6, 2022 and a decision was rendered on Jun 9, 2022, a processing time of approximately 3 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 $85k for this Assistant Professor 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 25-112300 (English Language and Literature 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 Assistant Professor position?

The offered annual salary for this Assistant Professor position at The University of Virginia is $85k. The Department of Labor prevailing wage for this occupation and location is $67k. The offered wage represents a +27.4% premium over the prevailing wage.

Where is this Assistant Professor job located?

This H-1B filing is for a position located in Charlottesville, Virginia. The employing company, The University of Virginia, is headquartered in Charlottesville, Virginia.

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 The University of Virginia, located in Charlottesville, Virginia. The University of Virginia filed this Labor Condition Application (case number I-200-22157-248977) for a Assistant Professor position during fiscal year FY 2022. View all The University of Virginia 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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