DENIED H-1B FY 2023

Visiting Assistant Professor, Dept. of Modern Lang and Lit

Trinity University · San Antonio, Texas

Case #I-200-23082-873258

Trinity University filed an H-1B petition for a Visiting Assistant Professor, Dept. of Modern Lang and Lit position in San Antonio, Texas at $47k per year — 4% above the prevailing wage of $45k. The case was denied in 4 days during the FY FY2023 cycle. This position is for continued employment.

$47k
Annual Salary
$45k
Prevailing Wage
+4.4%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-23082-873258
Case StatusDenied
Visa ClassH-1B
Fiscal YearFY 2023
EmployerTrinity University
Employer LocationSan Antonio, Texas
Job TitleVisiting Assistant Professor, Dept. of Modern Lang and Lit
SOC Code25-112400 – Foreign Language and Literature Teachers, Postsecondary
WorksiteSan Antonio, Texas
Annual Wage$47k
Prevailing Wage$45k
Wage Premium+4.4%
Positions1 (0 new, 1 continued)

Timeline

Mar 23, 2023
Received
Mar 27, 2023
Decision
Aug 14, 2023
Employment Start
May 13, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Trinity University for the position of Visiting Assistant Professor, Dept. of Modern Lang and Lit in San Antonio, Texas. The offered annual salary is $47k, compared to the prevailing wage of $45k for this occupation and location. This represents a wage premium of +4.4% 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, Trinity University filed LCA case number I-200-23082-873258 to sponsor a Visiting Assistant Professor, Dept. of Modern Lang and Lit position at their worksite in San Antonio, Texas. 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 $47k compares to the DOL prevailing wage of $45k for Foreign Language and Literature Teachers, Postsecondary positions in the San Antonio, Texas area. The positive wage premium of +4.4% 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 Trinity University'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 Mar 23, 2023 and a decision was rendered on Mar 27, 2023, a processing time of approximately 4 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 $47k for this Visiting Assistant Professor, Dept. of Modern Lang and Lit 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 25-112400 (Foreign 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 Visiting Assistant Professor, Dept. of Modern Lang and Lit position?

The offered annual salary for this Visiting Assistant Professor, Dept. of Modern Lang and Lit position at Trinity University is $47k. The Department of Labor prevailing wage for this occupation and location is $45k. The offered wage represents a +4.4% premium over the prevailing wage.

Where is this Visiting Assistant Professor, Dept. of Modern Lang and Lit job located?

This H-1B filing is for a position located in San Antonio, Texas. The employing company, Trinity University, is headquartered in San Antonio, Texas.

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 Trinity University, located in San Antonio, Texas. Trinity University filed this Labor Condition Application (case number I-200-23082-873258) for a Visiting Assistant Professor, Dept. of Modern Lang and Lit position during fiscal year FY 2023. View all Trinity University 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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