Fiscal Year

2023

Case Number

A-22115-45819

Case Status

Certified

Received Date

2022-05-02

Decision Date

2023-01-18

Refile

N

Original File Date

2023-01-01 08:14:28

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

AUBURN UNIVERSITY

Employer Name Slug

auburn-university

Employer Address 1

228 FOY HALL

Employer Address 2

Employer City

AUBURN

Employer City Slug

auburn

Employer State

ALABAMA

Employer State Slug

alabama

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

36849

Employer Phone

334-844-4504

Employer Number of Employees

8871

Employer Year Commenced Business

1856

NAICS Code

611310

FW Ownership Interest

N

Employer Contact Name

Obrad M Budic

Employer Contact Address 1

228 Foy Hall

Employer Contact Address 2

Employer Contact City

Auburn

Employer Contact State/Province

ALABAMA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

36849

Employer Contact Phone

3348444504

Employer Contact Email

omb0010@auburn.edu

Agent Attorney Name

MONIQUE K MEADOWS

Agent Attorney Firm Name

US Visa ProMonique K. Meadows PA

Agent Attorney Phone

334.887.6446

Agent Attorney Address 1

2415 MOORES MILL RD.

Agent Attorney Address 2

Ste 265

Agent Attorney City

AUBURN

Agent Attorney State/Province

ALABAMA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

36830-8484

Agent Attorney Email

mkm@usvisapro.com

PW Track Number

P10021252575538

PW SOC Code

25-1071

PW SOC Title

Health Specialties Teachers, Postsecondary

PW Skill Level

Level III

PW Wage

127433.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2022-03-14

PW Expiration Date

2022-06-30

Wage Offer From

145000.00

Wage Offer To

0.00

Average Salary

145000.00

Wage Unit of Pay

Year

Worksite Address 1

1220 Wire Road

Worksite Address 2

Worksite City

Auburn

Worksite City Slug

auburn

Worksite State

ALABAMA

Worksite Postal Code

36849

Job Title

Assistant Clinical Professor

Job Title Slug

assistant-clinical-professor

Minimum Education

Other

Major Field of Study

Veterinary Medicine

Required Training

N

Required Experience

N

Required Experience Months

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

N

Foreign Language Required

N

Specific Skills

Item H.14 Radiation oncology residency completed by position start date. Diplomate status or be eligible to sit for board certification examination with the ACVR American College of Veterinary Radiology by position start date.br br H12 and H15 Note The Prevailing Wage Determination designated the position offered as a position that represents a combination of occupations specifically, 251071 Health Specialties Teachers, Postsecondary, and 291131 Veterinarians. Employer does not concur with the PWDs designation of the position offered as a combination of occupations because a clinical postsecondary teacher in radiation oncology will necessarily require the successful applicant to teach in a clinical arena, performing clinical veterinary services. The designation of the position offered as a combination of occupations resulted in the selection of the highest wage of the two occupations and the elevation of the prevailing wage level.br br The DOL presumably raised the prevailing wage level to level 3 due to the listed special requirement. While it appears that there are 2 separate special requirements Radiation oncology residency completed by position start date. Diplomate status or be eligible to sit for board certification examination with the ACVR American College of Veterinary Radiology by position start date; the eligibility to sit for the ACVR board certification examination requires the completion of a residency in radiation oncology. See K.a.Job.3. Accordingly, because the residency requirement is part of eligibility to sit for the ACVR board certification examination there is essentially only one special requirement.br br The elevation of the Prevailing Wage Level to 3 necessarily means the PWD deemed the requirements for the position to be outside of the SVP of one or both of the occupational classifications. Based on the PWD, Petitioner selected no to item H12 Are the job opportunitys requirements normal for the occupation. Petitioner questions the PWDs conclusion that the requirements exceed the SVP for either occupational classification. Both 251071 Health Specialties Teachers, Postsecondary and 291131 Veterinarians occupational classifications are JobZone 5 positions. 251071 Health Specialties Teachers, Postsecondary has a stated education requirement of a doctorate Ph.D. and 291131 Veterinarians has a stated education requirement of First professional degree. The degree requirement for the position offered DVM or foreign equivalent does not exceed the stated educational requirements.br br ONET JobZone 5 describes experience requirements as follows Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience. For example, surgeons must complete four years of college and an additional five to seven years of specialized medical training to be able to do their job. The position offered, and attendant minimum requirement, are consistent with the JobZone 5 description.br br The special requirement coupled with the degree requirement of DVM is within the JobZone SVP of 8 and above. Moreover, the requirements are consistent with the ONETs description of JobZone 5 Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience. For example, surgeons must complete four years of college and an additional five to seven years of specialized medical training to be able to do their job. CONTINUED at K.a.Job 1

Combination Occupation

Y

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

N

Application for College/University Teacher

Y

SWA Job Order Start Date

2023-01-01 08:14:28

SWA Job Order End Date

2023-01-01 08:14:28

Sunday Edition Newspaper

First Newspaper Name

First Advertisement Start Date

2023-01-01 08:14:28

Second Newspaper Ad Name

Second Advertisement Type

Second Ad Start Date

2023-01-01 08:14:28

Employer Website From Date

2023-01-01 08:14:28

Employer Website To Date

2023-01-01 08:14:28

Professional Organization Ad From Date

2023-01-01 08:14:28

Professional Organization Advertisement To Date

2023-01-01 08:14:28

Job Search Website From Date

2023-01-01 08:14:28

Job Search Website To Date

2023-01-01 08:14:28

Employee Referral Program From Date

2023-01-01 08:14:28

Employee Referral Program To Date

2023-01-01 08:14:28

Local Ethnic Paper From Date

2023-01-01 08:14:28

Local Ethnic Paper To Date

2023-01-01 08:14:28

Radio/TV Ad From Date

2023-01-01 08:14:28

Radio/TV Ad To Date

2023-01-01 08:14:28

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

BRAZIL

Foreign Worker Birth Country

BRAZIL

Class of Admission

H-1B

Foreign Worker Education

Other

Foreign Worker Information: Major

VETERINARY MEDICINE

Foreign Worker Years of Education Completed

2014

Foreign Worker Institution of Education

FEDERAL RURAL UNIVERSITY OF RIO DE JANEIRO

Foreign Worker Education Institution Address 1

KM 07, ZONA RURAL, BR465

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

SEROPDICA

Foreign Worker Education Institution State/Province

RJ

Foreign Worker Education Institution Country

BRAZIL

Foreign Worker Education Institution Postal Code

23890-000

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

MONIQUE K MEADOWS

Preparer Title

Attorney for Auburn University

Preparer Email

mkm@usvisapro.com

Employer Information Declaration Name

Obrad M Budic

Employer Information Declaration Title

Director, International Student Scholar Services