Fiscal Year

2021

Case Number

A-20157-62202

Case Status

Certified-Expired

Received Date

2020-07-17

Decision Date

2021-03-15

Refile

N

Original File Date

2021-01-01 09:06:19

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

WHIDDEN SILVER INC.

Employer Name Slug

whidden-silver-inc

Employer Address 1

45 BROADWAY

Employer Address 2

4TH FLOOR

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

10006

Employer Phone

2129662002

Employer Number of Employees

7

Employer Year Commenced Business

1987

NAICS Code

541310

FW Ownership Interest

N

Employer Contact Name

Chuck Whidden

Employer Contact Address 1

560 Broadway

Employer Contact Address 2

Ste 506

Employer Contact City

New York

Employer Contact State/Province

NEW YORK

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

10012

Employer Contact Phone

2129662002 3002

Employer Contact Email

chuck@whiddensilver.com

Agent Attorney Name

Vicki Yudenfriend

Agent Attorney Firm Name

The Masliah Firm, PC

Agent Attorney Phone

2122279390

Agent Attorney Address 1

The Masliah Firm, PC

Agent Attorney Address 2

225 Broadway, suite 2100

Agent Attorney City

New York

Agent Attorney State/Province

NEW YORK

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

10007

Agent Attorney Email

vicki.yudenfriend@themasliahfirm.com

PW Track Number

P10019246050337

PW SOC Code

17-1011

PW SOC Title

Architectural Designer

PW Skill Level

Level I

PW Wage

62962.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-01-06

PW Expiration Date

2020-06-30

Wage Offer From

63000.00

Wage Offer To

0.00

Average Salary

63000.00

Wage Unit of Pay

Year

Worksite Address 1

45 Broadway, Fourth Floor

Worksite Address 2

Worksite City

New York

Worksite City Slug

new-york

Worksite State

NEW YORK

Worksite Postal Code

10006

Job Title

Architectural Designer

Job Title Slug

architectural-designer

Minimum Education

Bachelor's

Major Field of Study

Architecture or directly related field

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

Y

Accept Alternative Occupation Months

24

Accept Alternative Job Title

experience performing architectural duties see Box 14

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

The requirements for the position include Bachelors degree in Architecture or directly related field plus two years experience performing architectural duties for large scale construction projects. Must present portfolio which includes a minimum of three large scale corporate andor retail projects. BACHELORS DEGREE IN ARCHITECTURE OR DIRECTLY RELATED FIELD Performance of the duties of the position relies upon knowledge of architectural theories, strategies, and methodologies. It also requires an understanding of the requirements for each project and the knowledge of how to meet these requirements in the most aesthetically pleasing, safe, and economical way. The duties of this position are typical of those for architectural designers and the degree requirement is industry standard. TWO YEARS EXPERIENCE PERFORMING ARCHITECTURAL DUTIES FOR LARGE SCALE CONSTRUCTION PROJECTS br The performance of the duties of the position offered requires knowledge of, and experience with, the basics of architectural design. The degree in Architecture plus the required experience will have provided the employee with knowledge. It is not relevant to us what the job title of the prior position was as long as the individual performed architectural duties. Therefore, to open the opportunity to as many applicants as possible, we did not specify the job title of the prior experience. We specify that the experience must be for large scale construction projects. This is because these are the types of projects upon which our firm focuses. The duties, responsibilities and scope of projects are different for small and large scale projects. One whose experience is limited to small scale projects will not be prepared to undertake the duties of the job offered and will not be qualified to fully participate in the design process of our firm for more than six months. MUST PRESENT PORTFOLIO WHICH INCLUDES A MINIMUM OF THREE LARGE SCALE CORPORATE ANDOR RETAIL PROJECTS Review of an applicants portfolio is a standard way of evaluating whether an individual is minimally qualified to perform the duties as an architectural designer. It is industry standard for employers to request the portfolio of any applicant for a design position, including architectural designers. So too, it is standard to request that the portfolio focus on the type of work which will be performed. This is why we requested that the portfolio contain a minimum of three large scale corporate andor retail projects.br br We respectfully submit that the requirements for the job are normal for the occupation. Even if that were found not to be the case, they are justified by business necessity and bear more than a reasonable relationship to the duties of the job offered within the context of our business. In the absence of these requirements, the employee would not be able to execute the duties.br br Please note, the address for the contact person of employer in Box D is listed incorrectly as 560 Broadway, the employers prior address. While the employer has entered the correct address in their profile, the change is not reflected in the ETA 9089. We have sent several requests to the Help desk but the error in the system has not been corrected. Therefore, as the contact persons name, phone number, email address are accurate, there are time constraints to the filing, the street address information in Box D was not relevant to the recruitment efforts, the filing of a signed physical application by mail would have been problematic due to the pandemic, the error is a DOL system error which is beyond our control, we have had no choice but to file without the change of this nonmaterial information having been made.

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

2020-01-28

SWA Job Order End Date

2020-02-26

Sunday Edition Newspaper

Y

First Newspaper Name

The New York Times

First Advertisement Start Date

2020-02-16

Second Newspaper Ad Name

The New York Times

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-02-23

Employer Website From Date

2021-01-01 09:06:19

Employer Website To Date

2021-01-01 09:06:19

Professional Organization Ad From Date

2021-01-01 09:06:19

Professional Organization Advertisement To Date

2021-01-01 09:06:19

Job Search Website From Date

2020-01-23

Job Search Website To Date

2020-02-22

Employee Referral Program From Date

2021-01-01 09:06:19

Employee Referral Program To Date

2021-01-01 09:06:19

Local Ethnic Paper From Date

2020-02-18

Local Ethnic Paper To Date

2020-02-18

Radio/TV Ad From Date

2020-02-19

Radio/TV Ad To Date

2020-02-19

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

POLAND

Foreign Worker Birth Country

POLAND

Class of Admission

F-1

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

ARCHITECTURE

Foreign Worker Years of Education Completed

2007

Foreign Worker Institution of Education

POLITECHNIKA KRAKOWSKA CRACOW UNIVERSITY OF TECHNOLOGY

Foreign Worker Education Institution Address 1

UL. WARSZAWSKA 24

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

KRAKOW

Foreign Worker Education Institution State/Province

Foreign Worker Education Institution Country

POLAND

Foreign Worker Education Institution Postal Code

31-155

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Vicki Yudenfriend

Preparer Title

Attorney

Preparer Email

vicki.yudenfriend@themasliahfirm.com

Employer Information Declaration Name

Charles Whidden

Employer Information Declaration Title

Principal