Fiscal Year

2021

Case Number

A-19290-72231

Case Status

Certified-Expired

Received Date

2019-12-04

Decision Date

2020-10-16

Refile

N

Original File Date

2021-01-01 08:46:18

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

SEVILLE RESTAURANT BAR INC.

Employer Name Slug

seville-restaurant-bar-inc

Employer Address 1

62 CHARLES ST.

Employer Address 2

Employer City

NEW YORK

Employer City Slug

new-york

Employer State

NEW YORK

Employer State Slug

new-york

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

10014

Employer Phone

2129293189

Employer Number of Employees

17

Employer Year Commenced Business

1968

NAICS Code

722511

FW Ownership Interest

Y

Employer Contact Name

Jose Lloves

Employer Contact Address 1

62 Charles St.

Employer Contact Address 2

Employer Contact City

New York

Employer Contact State/Province

NEW YORK

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

10014

Employer Contact Phone

2129293189

Employer Contact Email

sevillarestaurant1941@gmail.com

Agent Attorney Name

Marcia N Needleman

Agent Attorney Firm Name

Levitt Needleman, P.C.

Agent Attorney Phone

2127578438

Agent Attorney Address 1

145 W 57th Street

Agent Attorney Address 2

10th Floor

Agent Attorney City

New York

Agent Attorney State/Province

NEW YORK

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

10019

Agent Attorney Email

mneedleman@levittandneedleman.com

PW Track Number

P10019106097926

PW SOC Code

35-1011

PW SOC Title

Chefs and Head Cooks

PW Skill Level

Level III

PW Wage

59571.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2019-07-30

PW Expiration Date

2020-06-30

Wage Offer From

62000.00

Wage Offer To

0.00

Average Salary

62000.00

Wage Unit of Pay

Year

Worksite Address 1

62 Charles St.

Worksite Address 2

Worksite City

New York

Worksite City Slug

new-york

Worksite State

NEW YORK

Worksite Postal Code

10014

Job Title

Head Chef, Spanish/Galician Cuisine

Job Title Slug

head-chef-spanishgalician-cuisine

Minimum Education

None

Major Field of Study

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

N

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

24

Accept Alternative Job Title

SousChef

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

Must posses 2 years experience as a SousChef at a Galician restaurant performing the following supervising and managing a team of cooks and the kitchen staff; planning and executing menus, specifically Galician cuisine specialties; and utilizing different cooking techniques such as grilling, roasting, stewing, emulsions, and sous vide.br br Please note that the company dba is Sevilla Restaurant Bar.br br Please also note that, regarding Section C, #9 above, the foreign national has a familial relationship to the owners of the company. Specifically, her grandfather, Mr. Bienvenido Alvarez, has a 35 ownership interest in the company. The remaining 65 of the company is owned by Mr. Jose Lloves, who is Mr. Bienvenido Alvarezs first cousin.br In this case, however, these relationships did not affect the recruitment process and a genuine opportunity exists for US workers to compete for the opening. This is becausebr 1 The foreign national is not in a position to, and did not, control or influence employers hiring decisions;br 2 The foreign national is not an incorporator or founder of the company;br 3 The foreign national does not have an ownership interest in the company;br 4 The foreign national is not on the board of directors;br 5 The foreign national is not one of a small number of employees, since there are currently 17 employees, and she is not currently employed by the company;br 6 The foreign national is not involved in the management of the company, since this is reserved for the owners, with daytoday operations including hiringpersonnel decisions controlled by Mr. Jose Lloves; andbr 7 The qualifications for the job are not identical to the beneficiarys qualifications, nor are specialized or unusual job duties and requirements stated in the application. The foreign national possesses the skills and experience required for the position, but these requirements are normal for the position and are not unique to the foreign national.br 8 Finally, the foreign national is not inseparable from the sponsoring employer such that it would be unlikely to continue in operation without her. Specifically, this company has been in existence without the foreign national for over 50 years; since 1967. In fact, the foreign national is not currently employed by the employer and has never been employed by this company, and it has and continues to be fully operational and successful in the New York restaurant industry for decades. The individual with majority ownership and control, including over hiring personnel decisions is a distant relative by virtue of being the foreign nationals grandfathers cousin.br Therefore, based on the totality of circumstances, a genuine determination of need for foreign national labor can be made by the employer, and a genuine opportunity exists for American workers to compete for the opening. See Matter of Modular Container Systems, Inc., 89INA228 BALCA July 16, 1991.br In this case, there is a bona fide job opportunity available and the employer has conducted extensive recruitment efforts in an effort to fill the position. However, the employer did not receive any responses to its recruitment efforts. Moreover, while the alien is related to the owners of the business, she is not in a position to control or influence hiring decisions regarding this or any other job. Recruitment and personnel decisions are exclusively handled by Mr. Jose Lloves. The alien will operate strictly in the sphere described in the job description. She has no ownership interest in the company and makes no managerial decisions outside the areas of her assigned work.

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

N

Application for College/University Teacher

N

SWA Job Order Start Date

2019-06-10

SWA Job Order End Date

2019-07-15

Sunday Edition Newspaper

Y

First Newspaper Name

New York Post

First Advertisement Start Date

2019-06-09

Second Newspaper Ad Name

New York Post

Second Advertisement Type

Newspaper

Second Ad Start Date

2019-06-16

Employer Website From Date

2021-01-01 08:46:18

Employer Website To Date

2021-01-01 08:46:18

Professional Organization Ad From Date

2021-01-01 08:46:18

Professional Organization Advertisement To Date

2021-01-01 08:46:18

Job Search Website From Date

2021-01-01 08:46:18

Job Search Website To Date

2021-01-01 08:46:18

Employee Referral Program From Date

2021-01-01 08:46:18

Employee Referral Program To Date

2021-01-01 08:46:18

Local Ethnic Paper From Date

2021-01-01 08:46:18

Local Ethnic Paper To Date

2021-01-01 08:46:18

Radio/TV Ad From Date

2021-01-01 08:46:18

Radio/TV Ad To Date

2021-01-01 08:46:18

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

F-1

Foreign Worker Education

None

Foreign Worker Information: Major

Foreign Worker Years of Education Completed

Foreign Worker Institution of Education

Foreign Worker Education Institution Address 1

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

Foreign Worker Education Institution State/Province

Foreign Worker Education Institution Country

Foreign Worker Education Institution Postal Code

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Marcia N Needleman

Preparer Title

Attorney

Preparer Email

scraven@levittandneedleman.com

Employer Information Declaration Name

Jose Lloves

Employer Information Declaration Title

Owner