CERTIFIED - WITHDRAWN H-1B FY 2021

Software Engineer

Tempus Ex Machina, Inc. · San Francisco, California

Case #I-200-21146-344794

In FY2021, Tempus Ex Machina, Inc. sought H-1B sponsorship for a Software Engineer in San Francisco, California at $175k per year, which is 3% above the prevailing wage of $170k. The case was certified in 559 days during the FY FY2021 cycle. This position is for new employment.

$175k
Annual Salary
$170k
Prevailing Wage
+3.2%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-21146-344794
Case StatusCertified - Withdrawn
Visa ClassH-1B
Fiscal YearFY 2021
EmployerTempus Ex Machina, Inc.
Employer LocationSan Francisco, California
Job TitleSoftware Engineer
SOC Code15-113200 – Software Developers, Applications
WorksiteSan Francisco, California
Annual Wage$175k
Prevailing Wage$170k
Wage Premium+3.2%
Positions1 (1 new, 0 continued)

Timeline

May 26, 2021
Received
Dec 6, 2022
Decision
Oct 1, 2021
Employment Start
Sep 30, 2024
Employment End

More Filings from Tempus Ex Machina, Inc.

Job TitleSalaryStatusDate
Product Designer $100k CERTIFIED Apr 21, 2022
Software Engineer $185k CERTIFIED Dec 8, 2021
Software Engineer in Test $126k CERTIFIED Jul 26, 2021

View all Tempus Ex Machina, Inc. filings →

Explore More

About This H-1B Filing

This Labor Condition Application (LCA) was filed by Tempus Ex Machina, Inc. for the position of Software Engineer in San Francisco, California. The offered annual salary is $175k, compared to the prevailing wage of $170k for this occupation and location. This represents a wage premium of +3.2% 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Case status: Certified - Withdrawn.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, Tempus Ex Machina, Inc. filed LCA case number I-200-21146-344794 to sponsor a Software Engineer position at their worksite in San Francisco, 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:

For this filing, the offered wage of $175k compares to the DOL prevailing wage of $170k for Software Developers, Applications positions in the San Francisco, California area. The positive wage premium of +3.2% 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 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 May 26, 2021 and a decision was rendered on Dec 6, 2022, a processing time of approximately 559 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 $175k 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 15-113200 (Software Developers, Applications), 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 Software Engineer position?

The offered annual salary for this Software Engineer position at Tempus Ex Machina, Inc. is $175k. The Department of Labor prevailing wage for this occupation and location is $170k. The offered wage represents a +3.2% premium over the prevailing wage.

Where is this Software Engineer job located?

This H-1B filing is for a position located in San Francisco, California. The employing company, Tempus Ex Machina, Inc., is headquartered in San Francisco, California.

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 Tempus Ex Machina, Inc., located in San Francisco, California. Tempus Ex Machina, Inc. filed this Labor Condition Application (case number I-200-21146-344794) for a Software Engineer position during fiscal year FY 2021. View all Tempus Ex Machina, Inc. H-1B filings.

What does LCA “Certified - Withdrawn” mean?

Certified-Withdrawn means this LCA was initially certified by the DOL but was subsequently withdrawn by the employer or their authorized representative.

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