DENIED E-3 AUSTRALIAN FY 2023

Consultant

Vivanti USA LLC · Leesburg, Virginia

Case #I-203-23178-148754

A Consultant position at Vivanti USA LLC in Leesburg, Virginia was filed at $75k per year, offering 4% above the prevailing wage of $72k. The case was denied in 2 days during the FY FY2023 cycle. This position is for new employment.

$75k
Annual Salary
up to $100k
$72k
Prevailing Wage
+4.2%
Wage Premium
1
Positions

Filing Details

Case NumberI-203-23178-148754
Case StatusDenied
Visa ClassE-3 AUSTRALIAN
Fiscal YearFY 2023
EmployerVivanti USA LLC
Employer LocationNew York, New York
Job TitleConsultant
SOC Code15-124300 – Database Architects
WorksiteLeesburg, Virginia
Annual Wage$75k – $100k
Prevailing Wage$72k
Wage Premium+4.2%
Positions1 (1 new, 0 continued)

Timeline

Jun 27, 2023
Received
Jun 29, 2023
Decision
Sep 5, 2023
Employment Start
Sep 4, 2024
Employment End

More Filings from Vivanti USA LLC

Job TitleSalaryStatusDate
Consultant $81k CERTIFIED Jun 20, 2024
Consultant $75k CERTIFIED Jun 30, 2023

View all Vivanti USA LLC filings →

Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by Vivanti USA LLC for the position of Consultant in Leesburg, Virginia. The offered annual salary is $75k, compared to the prevailing wage of $72k for this occupation and location. This represents a wage premium of +4.2% 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, Vivanti USA LLC filed LCA case number I-203-23178-148754 to sponsor a Consultant position at their worksite in Leesburg, 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 $75k compares to the DOL prevailing wage of $72k for Database Architects positions in the Leesburg, Virginia area. The positive wage premium of +4.2% 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 Vivanti USA 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.

Processing Time

This LCA was received by the DOL on Jun 27, 2023 and a decision was rendered on Jun 29, 2023, 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.

Comparing to Industry Standards

The offered salary of $75k for this Consultant 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 15-124300 (Database Architects), 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 Consultant position?

The offered annual salary for this Consultant position at Vivanti USA LLC is $75k to $100k. The Department of Labor prevailing wage for this occupation and location is $72k. The offered wage represents a +4.2% premium over the prevailing wage.

Where is this Consultant job located?

This E-3 AUSTRALIAN filing is for a position located in Leesburg, Virginia. The employing company, Vivanti USA LLC, is headquartered in New York, New York.

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 Vivanti USA LLC, located in New York, New York. Vivanti USA LLC filed this Labor Condition Application (case number I-203-23178-148754) for a Consultant position during fiscal year FY 2023. View all Vivanti USA LLC 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.

Related Guides