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Case Number: A-19225-43748
Fiscal year: 2021
Fiscal Year
2021
Case Number
A-19225-43748
Case Status
Certified-Expired
Received Date
2019-08-14
Decision Date
2020-11-20
Refile
N
Original File Date
2021-01-01 08:51:51
Previous SWA Case Number State
Schedule A Sheepherder
N
Employer Name
IT DIVISION INC
Employer Name Slug
it-division-inc
Employer Address 1
410 PEACHTREE PARKWAY, SUITE 4245
Employer Address 2
Employer City
CUMMING
Employer City Slug
cumming
Employer State
GEORGIA
Employer State Slug
georgia
Employer Country
UNITED STATES OF AMERICA
Employer Postal Code
30041
Employer Phone
6784560370
Employer Number of Employees
102
Employer Year Commenced Business
2006
NAICS Code
541511
FW Ownership Interest
N
Employer Contact Name
Anil Kumar Nilagiri
Employer Contact Address 1
5955 Parkway North Blvd., Suite A
Employer Contact Address 2
Employer Contact City
Cumming
Employer Contact State/Province
GEORGIA
Employer Contact Country
UNITED STATES OF AMERICA
Employer Contact Postal Code
30040
Employer Contact Phone
6784560370
Employer Contact Email
anil@itdivisioninc.com
Agent Attorney Name
Ravi Mannam
Agent Attorney Firm Name
Mannam Associates, LLC
Agent Attorney Phone
877-596-1761
Agent Attorney Address 1
3651 Peachtree Parkway, Suite E360
Agent Attorney Address 2
Agent Attorney City
Suwanee
Agent Attorney State/Province
GEORGIA
Agent Attorney Country
UNITED STATES OF AMERICA
Agent Attorney Postal Code
30024
Agent Attorney Email
lawxpert@yahoo.com
PW Track Number
P10019036964665
PW SOC Code
15-1132
PW SOC Title
Software Developers, Applications
PW Skill Level
Level IV
PW Wage
125320.00
PW Unit of Pay
Year
PW Wage Source
OES
PW Determination Date
2019-05-16
PW Expiration Date
2019-08-14
Wage Offer From
125500.00
Wage Offer To
0.00
Average Salary
125500.00
Wage Unit of Pay
Year
Worksite Address 1
Various unanticipated client sites across USA
Worksite Address 2
Emp. Address IT Division dba Apiero Tech., 5955 Parkway North Blvd, Ste. A
Worksite City
Cumming
Worksite City Slug
cumming
Worksite State
GEORGIA
Worksite Postal Code
30040
Job Title
Software Developer (Level II)
Job Title Slug
software-developer-level-ii
Minimum Education
Bachelor's
Major Field of Study
Computer Science or any IT related field, any Engineering / Technology field, or related
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
CONSIDERATION OF FORM ETA 9089 IN ITS ENTIRETYbr br Form ETA 9089, an online fillable form, has certain inherent limitations. Certain lines and sections only accept numerical characters, and not alphabetical characters. Additionally, there is a limitation on the number of characters that may be entered on certain lines and sections. For this reason, Employer is unable to indicate its complete requirements on certain lines and sections. Employer therefore utilizes Part H, Line 14 of Form ETA 9089 to fully set forth the requirements of the position. Additionally, Form ETA 9089 is a legal document and as such the document must be considered in its entirety. For the foregoing reason we believe it is appropriate for the Employer to elaborate its minimum requirements on Part H, Line 14, as indicated in the following paragraphs.br br CLARIFICATION TO PART H, LINES 6 AND 6A AND PART J, LINE 18br br Please note that the structure of Form ETA 9089 distinguishes between experience in the job offered and experience in specific skills or other requirements. Part H, Lines 6 and 6A only seek to determine whether Employer requires experience in the job offered while Part H, Line 14 seeks to determine whether Employer requires knowledge or experience in specific skills or other requirements. In the current situation, employer does not require experience in the job offered of a Software Developer Level II Part H, Lines 6 6A requirements. Therefore, Part H, Line 6 is correctly check marked No because that section only seeks to determine experience in the job offered, and not employers complete, holistic requirements for the position. In the same vein, please note that Part J, Line 18 is correctly check marked NA because that section also only seeks to determine whether Beneficiary satisfies the employers experience in the job offered requirement at Part H, Lines 6 and 6A. Although Employer does not seek any experience in the job offered, employer has other requirements. The Form ETA 9089 requires the Employer to list any other requirements at Part H, Line 14. Therefore, Employer sets forth its other requirements below.br br OTHER REQUIREMENTSbr br 5 years progressive post Baccalaureate experience in SDLC, including 2 years in the technologies identified at Part H, Line 11.br br Alien beneficiary satisfies the experience requirements listed at Part H, Line 14 through prior experience shown at Part K Alien Work Experience.br br To determine experience, employer does not consider job titles, but job duties as dispositive on this issue.br br ADDITIONAL INFORMATION REGARDING EMPLOYERbr br IT Division, Inc. conducts business under the trade name of Apeiro Technologies.
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
2019-05-05
SWA Job Order End Date
2019-06-16
Sunday Edition Newspaper
Y
First Newspaper Name
The Atlanta JournalConstitution
First Advertisement Start Date
2019-02-17
Second Newspaper Ad Name
The Atlanta JournalConstitution
Second Advertisement Type
Newspaper
Second Ad Start Date
2019-02-24
Employer Website From Date
2021-01-01 08:51:51
Employer Website To Date
2021-01-01 08:51:51
Professional Organization Ad From Date
2021-01-01 08:51:51
Professional Organization Advertisement To Date
2021-01-01 08:51:51
Job Search Website From Date
2019-05-05
Job Search Website To Date
2019-06-16
Employee Referral Program From Date
2021-01-01 08:51:51
Employee Referral Program To Date
2021-01-01 08:51:51
Local Ethnic Paper From Date
2019-02-20
Local Ethnic Paper To Date
2019-02-20
Radio/TV Ad From Date
2019-02-25
Radio/TV Ad To Date
2019-02-25
Employer Received Payment
N
Posted Notice at Worksite
Y
Layoff in Past Six Months
N
Country of Citizenship
CANADA
Foreign Worker Birth Country
INDIA
Class of Admission
H-1B
Foreign Worker Education
Bachelor's
Foreign Worker Information: Major
COMPUTER TECHNOLOGY
Foreign Worker Years of Education Completed
1999
Foreign Worker Institution of Education
YESHWANTRAO CHAVAN COLLEGE OF ENGINEERING NAGPUR UNIVERSITY
Foreign Worker Education Institution Address 1
HINGNA ROAD
Foreign Worker Education Institution Address 2
Foreign Worker Education Institution City
NAGPUR
Foreign Worker Education Institution State/Province
MAHARASHTRA
Foreign Worker Education Institution Country
INDIA
Foreign Worker Education Institution Postal Code
441110
Foreign Worker Experience with Employer
N
Foreign Worker Employer Pays for Education
N
Foreign Worker Currently Employed
Y
Employer Completed Application
N
Preparer Name
Ravi Mannam
Preparer Title
Attorney
Preparer Email
LAWXPERT@YAHOO.COM
Employer Information Declaration Name
Anil Kumar Nilagiri
Employer Information Declaration Title
VPHuman Resources