Fiscal Year

2022

Case Number

A-21270-50265

Case Status

Certified

Received Date

2022-01-31

Decision Date

2022-09-23

Refile

N

Original File Date

2022-01-01 06:40:05

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

ZoomInfo Technologies, LLC

Employer Name Slug

zoominfo-technologies-llc

Employer Address 1

805 Broadway St.

Employer Address 2

Suite 900

Employer City

Vancouver

Employer City Slug

vancouver

Employer State

WASHINGTON

Employer State Slug

washington

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

98660

Employer Phone

360-783-6728

Employer Number of Employees

2349

Employer Year Commenced Business

2019

NAICS Code

541511

FW Ownership Interest

N

Employer Contact Name

Brett T Kindschuh

Employer Contact Address 1

805 Broadway St.

Employer Contact Address 2

Suite 900

Employer Contact City

Vancouver

Employer Contact State/Province

WASHINGTON

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

98660

Employer Contact Phone

360-783-6728

Employer Contact Email

brett.kindschuh@zoominfo.com

Agent Attorney Name

Jessica Yu

Agent Attorney Firm Name

Lane Powell PC

Agent Attorney Phone

2062237064

Agent Attorney Address 1

1420 Fifth Avenue

Agent Attorney Address 2

Suite 4200

Agent Attorney City

Seattle

Agent Attorney State/Province

WASHINGTON

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

98101

Agent Attorney Email

YuJ@lanepowell.com

PW Track Number

P10021055097167

PW SOC Code

15-1132

PW SOC Title

Software Developers, Applications

PW Skill Level

Level II

PW Wage

98550.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-07-16

PW Expiration Date

2022-06-30

Wage Offer From

138341.00

Wage Offer To

0.00

Average Salary

138341.00

Wage Unit of Pay

Year

Worksite Address 1

7700 Old Georgetown Road

Worksite Address 2

Suite 500

Worksite City

Bethesda

Worksite City Slug

bethesda

Worksite State

MARYLAND

Worksite Postal Code

20814

Job Title

Software Engineer

Job Title Slug

software-engineer

Minimum Education

Master's

Major Field of Study

Computer Science

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Computer engineering, or a closely related field

Accept Alternative Combination

Y

Accept Alternative Combination Education

None

Accept Alternative Combination Education Years

6

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

24

Accept Alternative Job Title

Any software developer or software engineer occupation

Job Opportunity Requirements Normal

N

Foreign Language Required

N

Specific Skills

MINIMUM REQUIREMENTSbr Education A masters degree U.S. or foreign degree equivalent in computer science, computer engineering, or a closely related field.br br Experience Two years of experience in any software developer or software engineer occupation.br br Or in the alternativebr br Education No degree.br br Experience Six years of experience in any software developer or software engineer occupation.br br Any suitable combination of education, training, or experience is acceptable.br br SKILLSSPECIAL REQUIREMENTSbr br Experience must include at least two years of experience working with the following technologiesbr br C#;br .net;br .net core;br ASP.NET;br MVC;br ElasticSearch or MongoDB;br Advanced data structures and algorithms;br REST;br JSON;br OAuth;br Web API;br Microsoft Azure; andbr AWS.br Experience may be gained concurrently.br br Please note that the alternate requirement listed on this 9089 as well as on the recruitment associated with this 9089 does not match the alternate language on the 9141 Form Expiration Date 02282021. However, there is no requirement that Form 9141 Expiration Date 02282021 include alternate requirements. Therefore, alternate requirements listed on the 9089 and associated recruitment need not match the 9141.br br Relevant Board of Alien Labor Certification Appeals BALCA casesbr br R2J Investments, LLC, 2016PER00805 March 18, 2021 The Form 9141 does not provide for the inclusion of the alternate experience requirements, and that deficiency cannot be cured through issuance of an FAQ. The FAQ refers to the one from DOLs website on June 21, 2012, which states that if an employer intends to accept alternate job requirements and to list such requirements on the ETA Form 9089, the employer must list its alternative job requirements on the ETA Form 9141.br br United Software, Inc., 2014PER00315 April 20, 2018 It would be arbitrary to require that the PWD must correspond with the employers alternative requirements. Therefore, we conclude the CO erred in its denial since Employer was not required to use the primary vs. alternative requirements or vice versa on its PWD application. Additionally, when discussing FAQs, the Board in United Software noted that BALCA has held FAQ responses cannot create a substantive rule adverse to an applicant without first undergoing notice and comment rulemaking. See Denzil Gunnels dba Gunnels Arabians, 2010PER628 Nov. 16, 2010 Although web site FAQ postings are a very powerful method of disseminating information and undoubtedly provide helpful guidance to applicants and their representatives, they are not a method by which an agency can impose substantive rules that have the force of law quoting HealthAmerica, 2006PER1 July 18, 2006 en banc.br br Proposal Development Consultants, LLC, 2015PER00463 May 29, 2019 This case is indistinguishable from United Software. Here, as there, Employer was in compliance with the regulatory requirements. As in United Software, Employer submitted a PWD that corresponded with the primary job requirement and the wage offered equaled or exceeded that PWD. Likewise, there was no evidence that the regulatory requirements were otherwise violated, that qualified U.S. workers were discouraged from applying, or that the wages and working conditions of U.S. workers were adversely affected. Therefore, we find that the CO erred in denying the application in this matter.

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

2021-09-07

SWA Job Order End Date

2021-10-12

Sunday Edition Newspaper

Y

First Newspaper Name

The Baltimore Sun

First Advertisement Start Date

2021-09-19

Second Newspaper Ad Name

The Baltimore Sun

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-09-26

Employer Website From Date

2022-01-01 06:40:05

Employer Website To Date

2022-01-01 06:40:05

Professional Organization Ad From Date

2022-01-01 06:40:05

Professional Organization Advertisement To Date

2022-01-01 06:40:05

Job Search Website From Date

2021-09-20

Job Search Website To Date

2021-09-24

Employee Referral Program From Date

2021-12-08

Employee Referral Program To Date

2021-12-22

Local Ethnic Paper From Date

2021-09-24

Local Ethnic Paper To Date

2021-09-30

Radio/TV Ad From Date

2022-01-01 06:40:05

Radio/TV Ad To Date

2022-01-01 06:40:05

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

None

Foreign Worker Information: Major

Foreign Worker Years of Education Completed

Foreign Worker Institution of Education

Foreign Worker Education Institution Address 1

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

Foreign Worker Education Institution State/Province

Foreign Worker Education Institution Country

Foreign Worker Education Institution Postal Code

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Jessica Yu

Preparer Title

Attorney

Preparer Email

yuj@lanepowell.com

Employer Information Declaration Name

Brett T Kindschuh

Employer Information Declaration Title

Principal, Human Resources Business Partner