Fiscal Year

2023

Case Number

A-22019-99670

Case Status

Certified

Received Date

2022-02-07

Decision Date

2023-01-25

Refile

N

Original File Date

2023-01-01 08:11:28

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

MELALEUCA, INC.

Employer Name Slug

melaleuca-inc

Employer Address 1

4609 WEST 65TH SOUTH

Employer Address 2

Employer City

IDAHO FALLS

Employer City Slug

idaho-falls

Employer State

IDAHO

Employer State Slug

idaho

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

83402

Employer Phone

(208) 522-0700

Employer Number of Employees

1942

Employer Year Commenced Business

1985

NAICS Code

325412

FW Ownership Interest

N

Employer Contact Name

Ronnette Gifford

Employer Contact Address 1

4609 West 65th South

Employer Contact Address 2

Employer Contact City

Idaho Falls

Employer Contact State/Province

IDAHO

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

83402

Employer Contact Phone

(208) 522-0700 2376

Employer Contact Email

rgifford@melaleuca.com

Agent Attorney Name

Ravi Mannam

Agent Attorney Firm Name

Mannam Associates, LLC

Agent Attorney Phone

877-596-1761

Agent Attorney Address 1

3651 Peachtree Parkway, Suite E360

Agent Attorney Address 2

Agent Attorney City

Suwanee

Agent Attorney State/Province

GEORGIA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

30024

Agent Attorney Email

lawxpert@yahoo.com

PW Track Number

P10021078160690

PW SOC Code

15-1199

PW SOC Title

Data Warehousing Specialists Computer Occupations, All Other

PW Skill Level

Level I

PW Wage

48880.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-10-06

PW Expiration Date

2022-06-30

Wage Offer From

84000.00

Wage Offer To

0.00

Average Salary

84000.00

Wage Unit of Pay

Year

Worksite Address 1

4609 West 65th South

Worksite Address 2

Worksite City

Idaho Falls

Worksite City Slug

idaho-falls

Worksite State

IDAHO

Worksite Postal Code

83402

Job Title

Software Engineer (Level II)

Job Title Slug

software-engineer-level-ii

Minimum Education

Bachelor's

Major Field of Study

Computer Science or any IT related field

Required Training

N

Required Experience

Y

Required Experience Months

24

Accept Alternative Field of Study

N

Accept Alternative Major Field of Study

Accept Alternative Combination

N

Accept Alternative Combination Education

Accept Alternative Combination Education Years

Accept Foreign Education

Y

Accept Alternative Occupation

N

Accept Alternative Occupation Months

Accept Alternative Job Title

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

CONSIDERATION OF FORM ETA 9089 IN ITS ENTIRETYbr br Form ETA 9089, an online fillable form, has certain inherent limitations. Certain lines and sections only accept numerical characters, and not alphabetical characters. Additionally, there is a limitation on the number of characters that may be entered on certain lines and sections. For this reason, Employer is unable to indicate its complete requirements on certain lines and sections. Employer therefore utilizes Part H, Line 14 of Form ETA 9089 to fully set forth the requirements of the position. Additionally, Form ETA 9089 is a legal document and as such the document must be considered in its entirety. For the foregoing reason we believe it is appropriate for the Employer to elaborate its minimum requirements on Part H, Line 14, as indicated in the following paragraphs.br br In this context, Employer follows BALCAs decision In the Matter of Symbioun Technologies, Inc., 2010PER01422 Oct. 24, 2011, whereby BALCA expressly recognized the structural limitations of the ETA Form 9089, and specifically stated that experience in the job offered is experience performing the key duties of the job opportunity, specifically those listed in Question H. 11, and that Question H.6 cannot be properly used to list a requirement for experience other than in the key duties of the job offered. For the foregoing, Employer elaborates requirements for this job opportunity at Part H, Line 14br br CLARIFICATION REGARDING PETITIONERS MINIMUM EXPERIENCE REQUIREMENTS AS STATED ON PART H, LINES 6 AND 6A OF FORM ETA 9089br br Employer wishes to clarify its intent regarding its minimum experience requirements. Employer requires a Bachelors degree or higher or foreign equiv. in Computer Science or any IT related field and 5 years progressive post Baccalaureate experience in SDLC IT, including 24 months in the job offered and technologies listed at Part H, Line 11.br br Please note that Part H, Line 6A of Form ETA 9089 only seeks to elicit the experience in the job offered and not the total experience required. Please note that since Part H, Line 6A does not ask for the total experience that the Employer requires, and only asks for the months of experience required in the job offered, Employer correctly lists the experience required in the job offered as 24 months.br br However, that is only a portion of Employers holistic requirements for experience because the total experience that Employer requires is 5 years progressive post Baccalaureate experience in SDLC IT, including, at least 24 months in the job offered and technologies listed at Part H, Line 11. Part H, Line 6A of Form ETA 9089 does not allow the Employer to express the total experience required as it limits the response to only the months of experience required in the job offered.br br To determine experience, employer does not consider job titles, but job duties as dispositive on this issue.br br Alien beneficiary satisfies the experience requirements listed at Part H, Lines 6, 6a, and 14 through prior experience shown at Part K Alien Work Experience.br br OCCUPATION TITLE CUT OFFNOT FULLY SHOWN ON PART F, LINE 3 DUE TO SPACE LIMITATIONbr br Data Warehousing Specialists Computer Occupations, All Other

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

2021-08-12

SWA Job Order End Date

2021-09-24

Sunday Edition Newspaper

Y

First Newspaper Name

Post Register East Idaho Classifieds

First Advertisement Start Date

2021-10-17

Second Newspaper Ad Name

Post Register East Idaho Classifieds

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-10-24

Employer Website From Date

2021-08-25

Employer Website To Date

2021-08-25

Professional Organization Ad From Date

2023-01-01 08:11:28

Professional Organization Advertisement To Date

2023-01-01 08:11:28

Job Search Website From Date

2021-09-07

Job Search Website To Date

2021-12-29

Employee Referral Program From Date

2023-01-01 08:11:28

Employee Referral Program To Date

2023-01-01 08:11:28

Local Ethnic Paper From Date

2021-10-20

Local Ethnic Paper To Date

2021-10-20

Radio/TV Ad From Date

2021-10-19

Radio/TV Ad To Date

2021-10-19

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

Master's

Foreign Worker Information: Major

COMPUTER INFORMATION SYSTEMS

Foreign Worker Years of Education Completed

2016

Foreign Worker Institution of Education

CALIFORNIA UNIVERSITY OF MANAGEMENT AND SCIENCES

Foreign Worker Education Institution Address 1

721 N EUCLID STREET

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

ANAHEIM

Foreign Worker Education Institution State/Province

CA

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

92801

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Ravi Mannam

Preparer Title

Attorney

Preparer Email

lawxpert@yahoo.com

Employer Information Declaration Name

Ronnette Gifford

Employer Information Declaration Title

Sr. HR Business Partner