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Case Number: A-23128-38645

Fiscal year: 2024

Fiscal Year

2024

Case Number

A-23128-38645

Case Status

Certified

Received Date

2023-05-24

Decision Date

2024-06-05

Refile

N

Original File Date

2024-01-01 01:37:36

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Moravian Academy

Employer Name Slug

moravian-academy

Employer Address 1

7 E. Market Street

Employer Address 2

Employer City

Bethlehem

Employer City Slug

bethlehem

Employer State

PENNSYLVANIA

Employer State Slug

pennsylvania

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

18018

Employer Phone

610-868-4744

Employer Number of Employees

285

Employer Year Commenced Business

1742

NAICS Code

61111

FW Ownership Interest

N

Employer Contact Name

Armistead G Webster

Employer Contact Address 1

7 E. Market Street

Employer Contact Address 2

Employer Contact City

Bethlehem

Employer Contact State/Province

PENNSYLVANIA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

18018

Employer Contact Phone

240-888-1114

Employer Contact Email

awebster@mamail.net

Agent Attorney Name

Jeffrey M Zimskind

Agent Attorney Firm Name

Stevens Lee

Agent Attorney Phone

610-997-5068

Agent Attorney Address 1

840 W Hamilton Street

Agent Attorney Address 2

Suite 521

Agent Attorney City

Allentown

Agent Attorney State/Province

PENNSYLVANIA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

18101

Agent Attorney Email

jeffrey.zimskind@stevenslee.com

PW Track Number

P10022241443371

PW SOC Code

25-2021

PW SOC Title

Elementary School Teachers, Except Special Education

PW Skill Level

Level II

PW Wage

65553.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2023-03-29

PW Expiration Date

2023-06-30

Wage Offer From

66000.00

Wage Offer To

73000.00

Average Salary

69500.00

Wage Unit of Pay

Year

Worksite Address 1

11 W. Market Street

Worksite Address 2

Worksite City

Bethlehem

Worksite City Slug

bethlehem

Worksite State

PENNSYLVANIA

Worksite Postal Code

18018

Job Title

Elementary Spanish Immersion Program Homeroom Teacher

Job Title Slug

elementary-spanish-immersion-program-homeroom-teacher

Minimum Education

Bachelor's

Major Field of Study

Elementary Education, Primary Education or closely related field

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Per H4B, Elementary Education, Primary Education or closely related field

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

Elementary Spanish Immersion teacher

Job Opportunity Requirements Normal

Y

Foreign Language Required

Y

Specific Skills

Candidates must have developed the Spanish Immersion curriculum in the areas of language arts, mathematics, and social studies, and the required two years of elementary Spanish Immersion teaching must have encompassed a curriculum that included language arts, mathematics, and social studies.br br As this position involves teaching in a Spanish Immersion program, with all classroom instruction, written and oral, delivered exclusively in Spanish, and all classroom interaction conducted exclusively in Spanish, native or nearnative fluency in Spanish is required.br br Note to H1 The prevailing wage request indicated the address of the place of employment as 7 E. Market Street in Bethlehem, PA, which is the main campus administrative building. More precisely, the classroom building where the alien will teach is the campus building catercorner, at 11 W. Market Street in Bethlehem, PA, and that is where the required Notice of Filing referenced in I.e.25 was posted. The two buildings are a one minute walk from each other. br br Note to H4 Either a 3 or 4year Bachelors degree is acceptable. As set forth in the prevailing wage determination, and in each of the recruitment steps. br br Note to H13J11 J14K Job2 Clearly, native or nearnative fluency in Spanish is essential in order to function effectively as a Spanish Immersion teacher in which all classroom interaction is conducted exclusively in Spanish. Apart from being a native speaker of Spanish, having been born and raised in Spain, the alien completed a University degree at the University of Alicante in Spain, in which the language of instruction was Spanish, and served for almost 4 years as an elementary Spanish Immersion teacher in the U.S. prior to joining the employer. br br Notes to I.d.br br 1 In addition to the midweek local newspaper ad The Reading Eagle on 03292023 as indicated in I.d.21., a second midweek ad was placed in The Morning Call on 03292023.br br 2 Per 20 CFR 656.17e1ii, one of the three additional recruitment steps required in the case of professional positions, which are noted in I.d., is permitted to have occurred within the 30 days prior to filing. In this case, each of the three recruitment steps noted in I.d. consisted solely of activity that took place MORE than 30 days before the filing of this application.br br 3 In addition to the three recruitment steps noted in I.d. each of which consisted solely of activity that took place more than 30 days before the filing of this application, an ADDITIONAL, FOURTH recruitment step was undertaken the position was posted with the campus placement office at DeSales University from 04142023 to 05102023. A portion of that activity took place within 30 days of the filing of this application; however, as noted above, per 20 CFR 656.17e1ii, this would be permissible even if this had been one of the three steps noted in I.d., and not an additional step beyond what is required. br br Note to J11 J14 The aliens 3year bachelors degree in Primary Education is titled a masters degree Maestro Especialidad de Educacion Primaria, as was customary in Spain at the time it was awarded in 2010.

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

2023-03-08

SWA Job Order End Date

2023-04-13

Sunday Edition Newspaper

Y

First Newspaper Name

The Morning Call

First Advertisement Start Date

2023-03-26

Second Newspaper Ad Name

The Morning Call

Second Advertisement Type

Newspaper

Second Ad Start Date

2023-04-02

Employer Website From Date

2024-01-01 01:37:36

Employer Website To Date

2024-01-01 01:37:36

Professional Organization Ad From Date

2024-01-01 01:37:36

Professional Organization Advertisement To Date

2024-01-01 01:37:36

Job Search Website From Date

2023-03-22

Job Search Website To Date

2023-04-20

Employee Referral Program From Date

2024-01-01 01:37:36

Employee Referral Program To Date

2024-01-01 01:37:36

Local Ethnic Paper From Date

2023-03-29

Local Ethnic Paper To Date

2023-03-29

Radio/TV Ad From Date

2023-04-11

Radio/TV Ad To Date

2023-04-12

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

SPAIN

Foreign Worker Birth Country

SPAIN

Class of Admission

H-1B

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

PRIMARY EDUCATION

Foreign Worker Years of Education Completed

2010

Foreign Worker Institution of Education

UNIVERSITY OF ALICANTE

Foreign Worker Education Institution Address 1

CARRETERA SAN VICENTE DE RASPEIG SN

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

SAN VICENTE DEL RASPEIG

Foreign Worker Education Institution State/Province

ALICANTE

Foreign Worker Education Institution Country

SPAIN

Foreign Worker Education Institution Postal Code

3690

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Jeffrey M Zimskind

Preparer Title

Attorney

Preparer Email

jeffrey.zimskind@stevenslee.com

Employer Information Declaration Name

Armistead G Webster

Employer Information Declaration Title

Associate Head of School