Thomas Nickles Gallery LLC · New York, New York
Case #I-203-25096-835526
In FY2025, Thomas Nickles Gallery LLC sought E-3 AUSTRALIAN sponsorship for a Curatorial Assistant and Gallery Associate in New York, New York at $60k per year, which is 0% above the prevailing wage of $60k. The case was denied in 2 days during the FY FY2025 cycle. This position is for new employment.
| Case Number | I-203-25096-835526 |
| Case Status | Denied |
| Visa Class | E-3 AUSTRALIAN |
| Fiscal Year | FY 2025 |
| Employer | Thomas Nickles Gallery LLC |
| Employer Location | New York, New York |
| Job Title | Curatorial Assistant and Gallery Associate |
| SOC Code | 25-401200 – Curators |
| Worksite | New York, New York |
| Annual Wage | $60k – $60k |
| Prevailing Wage | $60k |
| Wage Premium | 0.0% |
| Positions | 1 (1 new, 0 continued) |
| Job Title | Salary | Status | Date |
|---|---|---|---|
| Curatorial Assistant and Gallery Associate | $60k | CERTIFIED | Apr 10, 2025 |
This Labor Condition Application (LCA) was filed by Thomas Nickles Gallery LLC for the position of Curatorial Assistant and Gallery Associate in New York, New York. The offered annual salary is $60k, compared to the prevailing wage of $60k for this occupation and location. This represents a wage premium of 0.0% 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.
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.
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, Thomas Nickles Gallery LLC filed LCA case number I-203-25096-835526 to sponsor a Curatorial Assistant and Gallery Associate 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.
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 $60k compares to the DOL prevailing wage of $60k for Curators positions in the New York, New York area. The positive wage premium of 0.0% indicates the employer is offering above the DOL-determined average for this occupation and location.
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.
A "Denied" status means the DOL has determined that Thomas Nickles Gallery LLC'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.
This LCA was received by the DOL on Apr 6, 2025 and a decision was rendered on Apr 8, 2025, 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.
The offered salary of $60k for this Curatorial Assistant and Gallery Associate 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 25-401200 (Curators), 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.
The offered annual salary for this Curatorial Assistant and Gallery Associate position at Thomas Nickles Gallery LLC is $60k to $60k. The Department of Labor prevailing wage for this occupation and location is $60k. The offered wage represents a 0.0% premium over the prevailing wage.
This E-3 AUSTRALIAN filing is for a position located in New York, New York. The employing company, Thomas Nickles Gallery LLC, is headquartered in New York, New York.
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.
The employer for this filing is Thomas Nickles Gallery LLC, located in New York, New York. Thomas Nickles Gallery LLC filed this Labor Condition Application (case number I-203-25096-835526) for a Curatorial Assistant and Gallery Associate position during fiscal year FY 2025. View all Thomas Nickles Gallery LLC H-1B filings.
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.