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Case Number: A-22320-58748

Fiscal year: 2024

Fiscal Year

2024

Case Number

A-22320-58748

Case Status

Certified-Expired

Received Date

2022-12-09

Decision Date

2024-01-23

Refile

N

Original File Date

2024-01-01 00:36:21

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Point

Employer Name Slug

point

Employer Address 1

444 High Street

Employer Address 2

4th floor

Employer City

Palo Alto

Employer City Slug

palo-alto

Employer State

CALIFORNIA Point

Employer State Slug

california-point

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

94301

Employer Phone

8887646823

Employer Number of Employees

296

Employer Year Commenced Business

2014

NAICS Code

52599

FW Ownership Interest

N

Employer Contact Name

Courtney Flores

Employer Contact Address 1

444 High Street

Employer Contact Address 2

4th floor

Employer Contact City

Palo Alto

Employer Contact State/Province

CALIFORNIA Point

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

94301

Employer Contact Phone

4086910427

Employer Contact Email

courtney@point.com

Agent Attorney Name

Shaun Foster

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

P10021189452160

PW SOC Code

11-2022

PW SOC Title

Sales Managers

PW Skill Level

Level II

PW Wage

157914.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-12-09

PW Expiration Date

2022-06-30

Wage Offer From

160000.00

Wage Offer To

330000.00

Average Salary

245000.00

Wage Unit of Pay

Year

Worksite Address 1

444 High Street

Worksite Address 2

4th floor

Worksite City

Palo Alto

Worksite City Slug

palo-alto

Worksite State

CALIFORNIA

Worksite Postal Code

94301

Job Title

Head of Home Equity Production and Sales

Job Title Slug

head-of-home-equity-production-and-sales

Minimum Education

Master's

Major Field of Study

Business or related field

Required Training

N

Required Experience

Y

Required Experience Months

24

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Any fields related to Business

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

24

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

Requirements Masters Degree or foreign equivalent in business or related field. Also required are two years of experience specifically devoted to a managing B2C quot;businesstoconsumerquot; sales and performing customer operations management; b forecasting for customer operations; c designing, implementing and administering compensation plans; d recruiting, developing, and managing customer operations teams; e defining analysis for business intelligence; and f defining, instrumenting, using, analyzing and maintaining KPIs quot;keyperformance indicatorsquot; and metrics that capture and measure impact of teams and their performance against and to inform organizational goals, strategy and decisions.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 specified regulation. Prior expiration, then, of the prevailing wage determination, as of the time of filing of this form, it 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 quot;NPCquot;, 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 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 Telecommuting Addressed While regularized telecommuting i.e., working remotely from home historically was not permitted prepandemic, the employerapplicant, like many United States businesses, had to relax this in 202021 due to COVID19. A telecommuting benefit now consequently is freely available to all. This will continue going forward. In time though, upon conditions normalizing and when they fully can resume using Point officespace in large number, they expect an equitable split each week for each employee in terms of time in the office visvis working from home.br Failure to State quot;Kellogg Languagequot; not a Valid Basis to Deny According to Board of Alien Labor Certification Appeals Cite Federal Insurance Co., 2008PER0037.

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

2022-08-10

SWA Job Order End Date

2022-09-14

Sunday Edition Newspaper

Y

First Newspaper Name

The Mercury News

First Advertisement Start Date

2022-07-31

Second Newspaper Ad Name

The Mercury News

Second Advertisement Type

Newspaper

Second Ad Start Date

2022-08-07

Employer Website From Date

2022-08-04

Employer Website To Date

2022-09-09

Professional Organization Ad From Date

2024-01-01 00:36:21

Professional Organization Advertisement To Date

2024-01-01 00:36:21

Job Search Website From Date

2022-06-28

Job Search Website To Date

2022-07-11

Employee Referral Program From Date

2022-08-19

Employee Referral Program To Date

2022-09-09

Local Ethnic Paper From Date

2024-01-01 00:36:21

Local Ethnic Paper To Date

2024-01-01 00:36:21

Radio/TV Ad From Date

2024-01-01 00:36:21

Radio/TV Ad To Date

2024-01-01 00:36:21

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

BUSINESS ADMINISTRATION

Foreign Worker Years of Education Completed

2008

Foreign Worker Institution of Education

UNIVERSITY OF ROCHESTER

Foreign Worker Education Institution Address 1

WILLIAM F. SIMON GRADUATE SCHOOL OF BUSINESS ADMINISTRATION

Foreign Worker Education Institution Address 2

RIVER CAMPUS 500 JOSEPH C. WILSON BOULEVARD

Foreign Worker Education Institution City

ROCHESTER

Foreign Worker Education Institution State/Province

NY

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

14627

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Shaun Foster

Preparer Title

Partner

Preparer Email

sfoster@pampaninlaw.com

Employer Information Declaration Name

Edward Lim

Employer Information Declaration Title

Chief Executive Officer CoFounder