Fiscal Year

2020

Case Number

A-20032-14222

Case Status

Certified

Received Date

2020-02-27

Decision Date

2020-06-17

Refile

N

Original File Date

2020-01-01 08:35:38

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Energy Services Group, LLC

Employer Name Slug

energy-services-group-llc

Employer Address 1

141 Longwater Place

Employer Address 2

Suite 113

Employer City

Norwell

Employer City Slug

norwell

Employer State

MASSACHUSETTS

Employer State Slug

massachusetts

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

2061

Employer Phone

7813479000

Employer Number of Employees

160

Employer Year Commenced Business

2013

NAICS Code

541519

FW Ownership Interest

N

Employer Contact Name

Heather Borges

Employer Contact Address 1

141 Longwater Place

Employer Contact Address 2

Suite 113

Employer Contact City

Norwell

Employer Contact State/Province

MASSACHUSETTS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

2061

Employer Contact Phone

7813479000

Employer Contact Email

hborges@energyservicesgroup.net

Agent Attorney Name

Alan Pampanin

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

P10019077649156

PW SOC Code

15-1132

PW SOC Title

Software Developers, Applications

PW Skill Level

Level I

PW Wage

65915.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2019-06-28

PW Expiration Date

2019-09-26

Wage Offer From

66000.00

Wage Offer To

85000.00

Average Salary

75500.00

Wage Unit of Pay

Year

Worksite Address 1

Location From Which Telecommutes See H.14 2877 Rosemont Drive

Worksite Address 2

Worksite City

Lawrenceville

Worksite City Slug

lawrenceville

Worksite State

GEORGIA

Worksite Postal Code

30044

Job Title

Software Developer

Job Title Slug

software-developer

Minimum Education

Bachelor's

Major Field of Study

See H.14

Required Training

N

Required Experience

Y

Required Experience Months

24

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

See H.14

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

EDUCATION AND EXPERIENCE REQUIRED Bachelors Degree or foreign equivalent in computer science, computer engineering, or a related, technological discipline. Also required are two years of softwaredevelopment experience involving largescale, software applications and serverclient development, and with those two years also specifically devoted to a the Structured Query Language or SQL, to include SQL Server Views, Stored Procedures, and TSQL; b softwarerequirement analysis; c UI or user interfacing; and d using C# or Java or NodeJS.br br NOTE Job titles while gaining experience not a factor.br br NOTE ON PREVAILINGWAGE DETERMINATION VALIDITY In merely beginning recruitment during the prevailingwage determination validityperiod, we comply with 20 C.F.R. 656.40c. This, by itself, is enough to satisfy regulation. Prior expiration, then, of the prevailingwage determination, as of the time of filing of this form, is immaterial. See 20 C.F.R. 656.40c, indicating that to use a prevailing wage rate provided by the National Processing Center or NPC, employers must file their applications OR BEGIN the recruitment period required by 656.17e...within the validity period specified by the NPC. 20 C.F.R. 656.40c. Emphasis added. Here, it should be noted, specifically, that two 656.17e recruitment activities were begun while the prevailingwage determination was valid with any ONE starting before its expiration sufficient to begin the recruitment period required under 20 C.F.R. 656.40c and comply with the regulation. Id. Further, there, importantly, were not any 656.17e recruitment activities in motion prior to prevailingwage 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 FAILURE TO STATE THE KELLOGG LANGUAGE 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

2019-09-25

SWA Job Order End Date

2019-10-28

Sunday Edition Newspaper

Y

First Newspaper Name

The Boston Globe

First Advertisement Start Date

2019-09-29

Second Newspaper Ad Name

The Boston Globe

Second Advertisement Type

Newspaper

Second Ad Start Date

2019-10-06

Employer Website From Date

2020-01-01 08:35:38

Employer Website To Date

2020-01-01 08:35:38

Professional Organization Ad From Date

2020-01-01 08:35:38

Professional Organization Advertisement To Date

2020-01-01 08:35:38

Job Search Website From Date

2019-09-25

Job Search Website To Date

2019-10-08

Employee Referral Program From Date

2019-12-11

Employee Referral Program To Date

2019-12-30

Local Ethnic Paper From Date

2019-10-02

Local Ethnic Paper To Date

2019-10-02

Radio/TV Ad From Date

2020-01-01 08:35:38

Radio/TV Ad To Date

2020-01-01 08:35:38

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

MEXICO

Foreign Worker Birth Country

MEXICO

Class of Admission

H-1B

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

COMPUTER ENGINEERING PER EQUIVALENCY EVALUATION

Foreign Worker Years of Education Completed

1997

Foreign Worker Institution of Education

INSTITUTO TECNOLOGICO DE VERACRUZ

Foreign Worker Education Institution Address 1

AV. MIGUEL ANGEL DE QUEVEDO 2779, FORMANDO HOGAR

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

VERACRUZ

Foreign Worker Education Institution State/Province

VERACRUZ

Foreign Worker Education Institution Country

MEXICO

Foreign Worker Education Institution Postal Code

91897

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Alan Pampanin

Preparer Title

Partner

Preparer Email

sfoster@pampaninlaw.com

Employer Information Declaration Name

Glen Kimmel

Employer Information Declaration Title

Vice President of Finance