CERTIFIED E-3 AUSTRALIAN FY 2022

Chief Commercial Officer

USA Rare Earth LLC · Tampa, Florida

Case #I-203-22028-862748

In FY2022, USA Rare Earth LLC sought E-3 AUSTRALIAN sponsorship for a Chief Commercial Officer in Tampa, Florida at $267k per year, which is 0% above the prevailing wage of $267k. The case was certified in 7 days during the FY FY2022 cycle. This position is for new employment.

$267k
Annual Salary
up to $275k
$267k
Prevailing Wage
0.0%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-22028-862748
Case StatusCertified
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2022
EmployerUSA Rare Earth LLC
Employer LocationTampa, Florida
Job TitleChief Commercial Officer
SOC Code11-101100 – Chief Executives
WorksiteTampa, Florida
Annual Wage$267k – $275k
Prevailing Wage$267k
Wage Premium0.0%
Positions1 (1 new, 0 continued)

Timeline

Jan 28, 2022
Received
Feb 4, 2022
Decision
Mar 1, 2022
Employment Start
Feb 28, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by USA Rare Earth LLC for the position of Chief Commercial Officer in Tampa, Florida. The offered annual salary is $267k, compared to the prevailing wage of $267k 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: Certified. This means the Department of Labor has certified that the employer meets the wage and working condition requirements.

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, USA Rare Earth LLC filed LCA case number I-203-22028-862748 to sponsor a Chief Commercial Officer position at their worksite in Tampa, Florida. 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 $267k compares to the DOL prevailing wage of $267k for Chief Executives positions in the Tampa, Florida area. The positive wage premium of 0.0% 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 Means for This Application

A "Certified" status means the DOL has reviewed USA Rare Earth LLC's attestations and determined that the LCA meets all regulatory requirements. The employer has demonstrated that the offered wage of $267k meets or exceeds the prevailing wage for Chief Commercial Officer positions in the Tampa, Florida 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.

Processing Time

This LCA was received by the DOL on Jan 28, 2022 and a decision was rendered on Feb 4, 2022, 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.

Comparing to Industry Standards

The offered salary of $267k for this Chief Commercial Officer 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 11-101100 (Chief Executives), 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 Chief Commercial Officer position?

The offered annual salary for this Chief Commercial Officer position at USA Rare Earth LLC is $267k to $275k. The Department of Labor prevailing wage for this occupation and location is $267k. The offered wage represents a 0.0% premium over the prevailing wage.

Where is this Chief Commercial Officer job located?

This E-3 AUSTRALIAN filing is for a position located in Tampa, Florida. The employing company, USA Rare Earth LLC, is headquartered in Tampa, Florida.

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 USA Rare Earth LLC, located in Tampa, Florida. USA Rare Earth LLC filed this Labor Condition Application (case number I-203-22028-862748) for a Chief Commercial Officer position during fiscal year FY 2022. View all USA Rare Earth LLC H-1B filings.

What does LCA “Certified” mean?

Certified means the U.S. Department of Labor has approved this Labor Condition Application, confirming that USA Rare Earth 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.

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