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Case Number: A-22033-06144

Fiscal year: 2023

Fiscal Year

2023

Case Number

A-22033-06144

Case Status

Certified

Received Date

2022-03-15

Decision Date

2023-03-09

Refile

N

Original File Date

2023-01-01 08:01:42

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Mikimoto America Co., Ltd.

Employer Name Slug

mikimoto-america-co-ltd

Employer Address 1

680 Fifth Avenue, 5th Floor

Employer Address 2

Employer City

New York

Employer City Slug

new-york

Employer State

NEW YORK

Employer State Slug

new-york

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

10019

Employer Phone

2124574520

Employer Number of Employees

67

Employer Year Commenced Business

1987

NAICS Code

448310

FW Ownership Interest

N

Employer Contact Name

Yukio Torii

Employer Contact Address 1

680 Fifth Avenue, 5th Floor

Employer Contact Address 2

Employer Contact City

New York

Employer Contact State/Province

NEW YORK

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

10019

Employer Contact Phone

2124574520

Employer Contact Email

ytorii@mikimotoamerica.com

Agent Attorney Name

David S Sindell

Agent Attorney Firm Name

SW Law Group, P.C.

Agent Attorney Phone

408-329-9184

Agent Attorney Address 1

3340 Walnut Avenue

Agent Attorney Address 2

Suite 120

Agent Attorney City

Fremont

Agent Attorney State/Province

CALIFORNIA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

94538

Agent Attorney Email

ny@swlgpc.com

PW Track Number

P10021050086993

PW SOC Code

11-1011

PW SOC Title

Chief Executives

PW Skill Level

N/A

PW Wage

208000.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-07-13

PW Expiration Date

2022-06-30

Wage Offer From

208000.00

Wage Offer To

0.00

Average Salary

208000.00

Wage Unit of Pay

Year

Worksite Address 1

680 Fifth Avenue

Worksite Address 2

5th Floor

Worksite City

New York

Worksite City Slug

new-york

Worksite State

NEW YORK

Worksite Postal Code

10019

Job Title

Chief Operating Officer

Job Title Slug

chief-operating-officer

Minimum Education

Bachelor's

Major Field of Study

Any major.

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Any major.

Accept Alternative Combination

N

Accept Alternative Combination Education

Accept Alternative Combination Education Years

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

60

Accept Alternative Job Title

See H.11

Job Opportunity Requirements Normal

N

Foreign Language Required

Y

Specific Skills

Fluency in written and spoken Japanese is required to fulfill the duties of this position.br br Mikimoto America Co., Ltd. is a wholly owned subsidiary of K. Mikimoto Co., Ltd., the foremost producer of the finest quality cultured pearls and a world leader in the design of exceptional jewelry headquartered in Japan. In order to create and provide the finest jewelry and generate the best synergy with the parent company in Japan, the Chief Operating Officer COO must confer and liaise with executive management of K. Mikimoto Co., Ltd. and suppliers in Japanese to develop, improve and implement U.S. business development strategy, as well as to ensure business consistency with K. Mikimoto Co., Ltd. In addition, the COO presents reports of Mikimoto America Co., Ltd.s monthly and yearly financial results to parent company in Japanese. In other words, to ensure that the U.S. business development strategy continues to improve merchandise, trade, and retail operations at Mikimoto America Co., Ltd. and that they are in accordance with the parent companys objectives and vision, the COO must communicate with top executives in Japanese at least 50 of the time since the parent company, K. Mikimoto Co., Ltd.s top executives are based in Japan. Finally, because all of partners and some of our clients are also Japanese companies in Japan, the COO must communicate and negotiate in Japanese and English with the top executives of our clients and business partners to develop and maintain client relations and business partnerships. In other words, because our COO will use Japanese on a daily basis, it would be extremely difficult for a COO of Mikimoto America Co., Ltd. to fulfill the duties of this position without complete fluency in written and spoken Japanese. Therefore, fluency in Japanese is an absolute business necessity for the COO position in question.br br Information on E2 Status and Existence of a Bona fide Job Opportunity.br br Mikimoto America Co., Ltd. is a whollyowned subsidiary of K. Mikimoto Co., Ltd., a privatelyowned company in Japan. K. Mikimoto Co., Ltd. is the E2 investor having invested a total amount of 10 million into Mikimoto America Co., Ltd. Accordingly, the foreign worker, Mr. Nishimura owns ZERO shares of the corporation, its parent or subsidiaries and is NOT a director or investor of any kind in Mikimoto America Co., Ltd. He does not have any ownership interest in Mikimoto America Co., Ltd or K. Mikimoto Co., Ltd.; nor does he have any familial relationship or otherwise with any other corporatecompany officers of Mikimoto America Co., Ltd. or shareholderspartners of K. Mikimoto Co., Ltd.br br Moreover, while Mr. Nishimura is one of the top executives for Mikimoto America Co., Ltd., all recruitment and all applicants contact for the proffered position were conducted exclusively by the Chief Financial Officer, Yukio Torii, who has no familial relationship or otherwise to Mr. Nishimura. The foreign worker, Mr. Nishimura, is not Mr. Toriis direct supervisor, and had absolutely no involvement in this recruitment process.

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

2021-10-29

SWA Job Order End Date

2021-11-30

Sunday Edition Newspaper

Y

First Newspaper Name

The New York Times

First Advertisement Start Date

2021-10-10

Second Newspaper Ad Name

The New York Times

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-10-17

Employer Website From Date

2023-01-01 08:01:42

Employer Website To Date

2023-01-01 08:01:42

Professional Organization Ad From Date

2023-01-01 08:01:42

Professional Organization Advertisement To Date

2023-01-01 08:01:42

Job Search Website From Date

2021-10-12

Job Search Website To Date

2021-10-25

Employee Referral Program From Date

2021-10-01

Employee Referral Program To Date

2021-11-01

Local Ethnic Paper From Date

2021-10-13

Local Ethnic Paper To Date

2021-10-13

Radio/TV Ad From Date

2023-01-01 08:01:42

Radio/TV Ad To Date

2023-01-01 08:01:42

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

JAPAN

Foreign Worker Birth Country

UNITED KINGDOM

Class of Admission

E-2

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

CULTURAL SCIENCES

Foreign Worker Years of Education Completed

1997

Foreign Worker Institution of Education

SEIKEI UNIVERSITY

Foreign Worker Education Institution Address 1

331 KICHIJOJI KITAMACHI

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

MUSASHINO

Foreign Worker Education Institution State/Province

TOKYO

Foreign Worker Education Institution Country

JAPAN

Foreign Worker Education Institution Postal Code

180-8633

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

David S Sindell

Preparer Title

Representing Attorney

Preparer Email

ny@swlgpc.com

Employer Information Declaration Name

Yukio Torii

Employer Information Declaration Title

CFO