Fiscal Year

2023

Case Number

A-22068-21557

Case Status

Certified

Received Date

2022-03-11

Decision Date

2022-11-23

Refile

N

Original File Date

2023-01-01 18:08:35

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

ENERGY SERVICES GROUP, LLC

Employer Name Slug

energy-services-group-llc

Employer Address 1

141 LONGWATER PLACE

Employer Address 2

SUITE 113

Employer City

NORWELL

Employer City Slug

norwell

Employer State

MASSACHUSETTS

Employer State Slug

massachusetts

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

2061

Employer Phone

7813479000

Employer Number of Employees

150

Employer Year Commenced Business

2013

NAICS Code

54151

FW Ownership Interest

N

Employer Contact Name

Chrissy DeLoughrey

Employer Contact Address 1

141 Longwater Place

Employer Contact Address 2

Suite 113

Employer Contact City

Norwell

Employer Contact State/Province

MASSACHUSETTS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

2061

Employer Contact Phone

781.347.9022

Employer Contact Email

Chrissy.DeLoughrey@esgglobal.com

Agent Attorney Name

Alan Pampanin

Agent Attorney Firm Name

PampaninFoster, LLC

Agent Attorney Phone

6174980900

Agent Attorney Address 1

PampaninFoster, LLC

Agent Attorney Address 2

2343 Massachusetts Avenue

Agent Attorney City

Cambridge

Agent Attorney State/Province

MASSACHUSETTS

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

2140

Agent Attorney Email

sfoster@pampaninlaw.com

PW Track Number

P10021041069182

PW SOC Code

15-1132

PW SOC Title

Software Developers, Applications

PW Skill Level

Level IV

PW Wage

135658.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-06-29

PW Expiration Date

2021-09-27

Wage Offer From

135660.00

Wage Offer To

0.00

Average Salary

135660.00

Wage Unit of Pay

Year

Worksite Address 1

Location From Which Telecommutes See H.14 1160 Bar Harbor Place

Worksite Address 2

Worksite City

Lawrenceville

Worksite City Slug

lawrenceville

Worksite State

GEORGIA

Worksite Postal Code

30044

Job Title

Sr. Software Engineer

Job Title Slug

sr-software-engineer

Minimum Education

Bachelor's

Major Field of Study

See H.14

Required Training

N

Required Experience

Y

Required Experience Months

60

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

See H.14

Accept Alternative Combination

Y

Accept Alternative Combination Education

Master's

Accept Alternative Combination Education Years

2

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

60

Accept Alternative Job Title

Any providing appropriate experience as per H.14 job titles immaterial

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

EDUCATION AND EXPERIENCE REQUIRED one way to qualify Bachelors Degree or foreign equivalent in computer science or a related, technological discipline this expressly includes both information technology and applied computer science. Also requires five years of progressive, postbaccalaureate, software engineering experience involving largescale software applications and serverclient development, and with at least two years of those five also specifically devoted to a Structured Query Language quot;SQLquot;, to include SQL Server Views, Stored Procedures, and TSQL; b performing software requirement analysis; c engaging in userinterfacing UI; and d using C# or Java or NodeJS.br br EDUCATION AND EXPERIENCE REQUIRED the other way to qualify Masters Degree or foreign equivalent in computer science or a related, technological discipline this expressly includes, again, both information technology and applied computer science. Where Mastersqualified must, in addition, have two years of all of the following experience a software engineering involving largescale software applications and serverclient development; b with SQL, to include SQL Server Views, Stored Procedures, and TSQL; c performing software requirement analysis; d with UI; and e using C# or Java or NodeJS.br br NOTE Job titles while gaining experience not a factor.br br NOTE ON PREVAILING WAGE DETERMINATION VALIDITY In merely beginning recruitment during the prevailing wage determination validity period, we comply with Title 20, Code of Federal Regulations quot;C.F.R.quot;, 656.40c. This, by itself, is enough to satisfy regulation. Prior expiration, then, of the prevailing wage determination, as of the time of filing of this form, the same is immaterial. See 20 C.F.R. 656.40c, indicating that quot;to use a prevailing wage rate provided by the National Processing Center or NPC, employers must file their applications OR BEGIN the recruitment period required by 656.17e...within the validity period specified by the NPC.quot; 20 C.F.R. 656.40c. Emphasis added. Here, it should be noted, specifically, that at least one 656.17e recruitment activity was begun while the prevailing wage determination was valid with any ONE starting before its expiration sufficient to quot;begin the recruitment period requiredquot; under 20 C.F.R. 656.40c and comply with regulation. Id. Further, there, importantly, were not any 656.17e recruitment activities in motion prior to prevailing wage determination receipt or issuance, highlighting still more 20 C.F.R. 656.40c consonance as interpreted by case law. Determination used here, thus, remains valid, its prior expiration notwithstanding.br br USE OF EMPLOYERS WEBSITE FOR RECRUITMENT PURPOSES WITHIN THIRTY DAYS OF FILING PERMITTED BY 20 C.F.R. 656.17e1ii Although this particular recruitment avenue was used within thirty days of what became the date of filing, this is permissible under 20 C.F.R. 656.17e1ii. The regulation cited states that quot;one of the additional nonmandatory recruitment steps needed in professional cases may consist of activity that took place within 30 days of the filing of the application.quot; 20 C.F.R. 656.17e1ii. Our application makes clear that over the relevant, timeconstruct considered, this can only be said of the employers website recruitment option.br br LOCAL ADVERTISING AND PREVAILING WAGE SOURCE BOTH DEFAULT TO EMPLOYER HEADQUARTERS Because quoting the above one quot;may telecommute from home and anywhere in the United Statesquot;, it was proper and correct to centralize local recruitment in the Boston area where the employer is headquartered. This Boston, for this same reason, it was also the best and most sensible source of prevailing wage data where wages are quite high in any case or event.

Combination Occupation

N

Offered to Applicant Foreign Worker

Y

Foreign Worker Live on Premises

N

Foreign Worker Live in Domestic Service

N

Foreign Worker Live in Domestic Service Count

Professional Occupation

Y

Application for College/University Teacher

N

SWA Job Order Start Date

2021-09-17

SWA Job Order End Date

2021-10-20

Sunday Edition Newspaper

Y

First Newspaper Name

The Boston Globe

First Advertisement Start Date

2021-12-12

Second Newspaper Ad Name

The Boston Globe

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-12-19

Employer Website From Date

2022-01-19

Employer Website To Date

2022-02-10

Professional Organization Ad From Date

2023-01-01 18:08:35

Professional Organization Advertisement To Date

2023-01-01 18:08:35

Job Search Website From Date

2021-10-04

Job Search Website To Date

2021-10-18

Employee Referral Program From Date

2023-01-01 18:08:35

Employee Referral Program To Date

2023-01-01 18:08:35

Local Ethnic Paper From Date

2021-12-08

Local Ethnic Paper To Date

2021-12-08

Radio/TV Ad From Date

2023-01-01 18:08:35

Radio/TV Ad To Date

2023-01-01 18:08:35

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

INDIA

Foreign Worker Birth Country

INDIA

Class of Admission

H-1B

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

INFORMATION TECHNOLOGY PER EQUIVALENCY EVALUATION

Foreign Worker Years of Education Completed

2008

Foreign Worker Institution of Education

BHARATHIDASAN UNIVERSITY

Foreign Worker Education Institution Address 1

TIRUCHIRAPPALLIPUDUKKOTTAI NATIONAL HIGHWAY 336

Foreign Worker Education Institution Address 2

PALKALAIPERUR

Foreign Worker Education Institution City

TIRUCHIRAPPALLI

Foreign Worker Education Institution State/Province

TAMIL NADU STATE

Foreign Worker Education Institution Country

INDIA

Foreign Worker Education Institution Postal Code

620024

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Alan Pampanin

Preparer Title

Partner

Preparer Email

sfoster@pampaninlaw.com

Employer Information Declaration Name

Chrissy DeLoughrey

Employer Information Declaration Title

Senior Vice President, Operations