CERTIFIED - WITHDRAWN H-1B FY 2021

AI Infra Engineer

Tencent America LLC · PALO ALTO, California

Case #I-200-21167-402957

In FY2021, Tencent America LLC sought H-1B sponsorship for a AI Infra Engineer in PALO ALTO, California at $170k per year, which is 17% above the prevailing wage of $146k. The case was certified in 646 days during the FY FY2021 cycle. This position is for continued employment.

$170k
Annual Salary
$146k
Prevailing Wage
+16.7%
Wage Premium
1
Positions

Filing Details

Case NumberI-200-21167-402957
Case StatusCertified - Withdrawn
Visa ClassH-1B
Fiscal YearFY 2021
EmployerTencent America LLC
Employer LocationPALO ALTO, California
Job TitleAI Infra Engineer
SOC Code15-113300 – Software Developers, Systems Software
WorksitePALO ALTO, California
Annual Wage$170k
Prevailing Wage$146k
Wage Premium+16.7%
Positions1 (0 new, 0 continued)

Timeline

Jun 16, 2021
Received
Mar 24, 2023
Decision
Jun 21, 2021
Employment Start
Jun 20, 2024
Employment End

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About This H-1B Filing

This Labor Condition Application (LCA) was filed by Tencent America LLC for the position of AI Infra Engineer in PALO ALTO, California. The offered annual salary is $170k, compared to the prevailing wage of $146k for this occupation and location. This represents a wage premium of +16.7% 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Case status: Certified - Withdrawn.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, Tencent America LLC filed LCA case number I-200-21167-402957 to sponsor a AI Infra Engineer position at their worksite in PALO ALTO, 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 $170k compares to the DOL prevailing wage of $146k for Software Developers, Systems Software positions in the PALO ALTO, California area. The positive wage premium of +16.7% 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 Jun 16, 2021 and a decision was rendered on Mar 24, 2023, a processing time of approximately 646 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 $170k for this AI Infra 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 15-113300 (Software Developers, Systems Software), 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 AI Infra Engineer position?

The offered annual salary for this AI Infra Engineer position at Tencent America LLC is $170k. The Department of Labor prevailing wage for this occupation and location is $146k. The offered wage represents a +16.7% premium over the prevailing wage.

Where is this AI Infra Engineer job located?

This H-1B filing is for a position located in PALO ALTO, California. The employing company, Tencent America LLC, is headquartered in PALO ALTO, 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 Tencent America LLC, located in PALO ALTO, California. Tencent America LLC filed this Labor Condition Application (case number I-200-21167-402957) for a AI Infra Engineer position during fiscal year FY 2021. View all Tencent America LLC 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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