Software Engineer

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Talent Clustr LLC for the position of Software Engineer in Hayward, California. The offered annual salary is $95k, compared to the prevailing wage of $95k 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Case status: Certified - Withdrawn. This means the employer or their representative withdrew the application.

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, Talent Clustr LLC filed LCA case number I-200-23341-551636 to sponsor a Software Engineer position at their worksite in Hayward, California. 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:

• Level 1 (Entry) — Workers who have a basic understanding of the occupation and perform routine tasks under close supervision. Typically offered to recent graduates or those new to the role.
• Level 2 (Qualified) — Workers who have a good understanding of the occupation and can exercise independent judgment on moderately complex tasks.
• Level 3 (Experienced) — Workers who have a deep understanding and special skills, capable of handling unusual or complex problems with minimal supervision.
• Level 4 (Fully Competent) — Workers who are recognized experts in the field, exercising authority and independent judgment on the most complex aspects of the occupation.

For this filing, the offered wage of $95k compares to the DOL prevailing wage of $95k for Computer Programmers positions in the Hayward, California 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 - Withdrawn Means for This Application

A "Certified-Withdrawn" status means this LCA was initially certified by the DOL but was later withdrawn by the employer. This can happen for various reasons: the foreign worker may have declined the position, found employment elsewhere, the employer may have decided to refile with updated information, or business conditions may have changed. A withdrawal does not negatively affect the employer's ability to file future LCAs.

Processing Time

This LCA was received by the DOL on Dec 7, 2023 and a decision was rendered on Aug 1, 2024, a processing time of approximately 238 business days. The standard DOL processing time for LCA applications is 7 to 10 business days. This application took longer than the standard timeframe, which may indicate additional review was required.

Comparing to Industry Standards

The offered salary of $95k for this Software Engineer 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 15-125100 (Computer Programmers), 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.

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