TINA KIM GALLERY, LLC · New York, New York
Case #I-200-23108-944358
In FY2023, TINA KIM GALLERY, LLC sought H-1B sponsorship for a Director (aka Curator) in New York, New York at $85k per year, which is 14% above the prevailing wage of $74k. The case was certified in 7 days during the FY FY2023 cycle. This position is for new employment.
| Case Number | I-200-23108-944358 |
| Case Status | Certified |
| Visa Class | H-1B |
| Fiscal Year | FY 2023 |
| Employer | TINA KIM GALLERY, LLC |
| Employer Location | NEW YORK, New York |
| Job Title | Director (aka Curator) |
| SOC Code | 25-401200 – Curators |
| Worksite | New York, New York |
| Annual Wage | $85k |
| Prevailing Wage | $74k |
| Wage Premium | +14.4% |
| Positions | 1 (1 new, 0 continued) |
| Job Title | Salary | Status | Date |
|---|---|---|---|
| Creative Director (aka Art Director) | $95k | CERTIFIED | Jun 6, 2023 |
This Labor Condition Application (LCA) was filed by TINA KIM GALLERY, LLC for the position of Director (aka Curator) in New York, New York. The offered annual salary is $85k, compared to the prevailing wage of $74k for this occupation and location. This represents a wage premium of +14.4% 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. This means the Department of Labor has certified that the employer meets the wage and working condition requirements.
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, TINA KIM GALLERY, LLC filed LCA case number I-200-23108-944358 to sponsor a Director (aka Curator) 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 $85k compares to the DOL prevailing wage of $74k for Curators positions in the New York, New York area. The positive wage premium of +14.4% 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 "Certified" status means the DOL has reviewed TINA KIM GALLERY, LLC's attestations and determined that the LCA meets all regulatory requirements. The employer has demonstrated that the offered wage of $85k meets or exceeds the prevailing wage for Director (aka Curator) positions in the New York, New York area. It is important to understand that LCA certification does not guarantee H-1B visa approval. The next step is for the employer to file Form I-129 with USCIS, which evaluates whether the position qualifies as a specialty occupation and whether the beneficiary has the required qualifications.
This LCA was received by the DOL on Apr 18, 2023 and a decision was rendered on Apr 25, 2023, a processing time of approximately 7 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 $85k for this Director (aka Curator) 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 25-401200 (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 Director (aka Curator) position at TINA KIM GALLERY, LLC is $85k. The Department of Labor prevailing wage for this occupation and location is $74k. The offered wage represents a +14.4% premium over the prevailing wage.
This H-1B filing is for a position located in New York, New York. The employing company, TINA KIM GALLERY, LLC, is headquartered in NEW YORK, New York.
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.
The employer for this filing is TINA KIM GALLERY, LLC, located in NEW YORK, New York. TINA KIM GALLERY, LLC filed this Labor Condition Application (case number I-200-23108-944358) for a Director (aka Curator) position during fiscal year FY 2023. View all TINA KIM GALLERY, LLC H-1B filings.
Certified means the U.S. Department of Labor has approved this Labor Condition Application, confirming that TINA KIM GALLERY, LLC has attested to meeting all wage and working condition requirements. A certified LCA does not guarantee H-1B visa approval — the employer must still file a separate petition (Form I-129) with USCIS.