Fiscal Year

2021

Case Number

A-20215-83851

Case Status

Certified

Received Date

2020-08-19

Decision Date

2021-04-08

Refile

N

Original File Date

2021-01-01 09:11:37

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

150

Employer Year Commenced Business

2013

NAICS Code

54151

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

bkurzeja@pampaninlaw.com

PW Track Number

P10019280073920

PW SOC Code

15-1132

PW SOC Title

Software Developers, Applications

PW Skill Level

Level IV

PW Wage

128627.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-02-05

PW Expiration Date

2020-06-30

Wage Offer From

128630.00

Wage Offer To

0.00

Average Salary

128630.00

Wage Unit of Pay

Year

Worksite Address 1

Location From Which Telecommutes See H.14 2024 Wheylon Drive

Worksite Address 2

Worksite City

Lawrenceville

Worksite City Slug

lawrenceville

Worksite State

GEORGIA

Worksite Postal Code

30044

Job Title

Sr. Software Engineer

Job Title Slug

sr-software-engineer

Minimum Education

Bachelor's

Major Field of Study

See H.14

Required Training

N

Required Experience

Y

Required Experience Months

60

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

See H.14

Accept Alternative Combination

Y

Accept Alternative Combination Education

Master's

Accept Alternative Combination Education Years

2

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

60

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 one way to qualify Bachelors Degree or foreign equivalent in computer science or a related, technological discipline this expressly includes both information technology and applied computer science. They also require five years of progressive, postbaccalaureate, software engineering experience involving largescale, software applications and serverclient development, and with at least two years of those five also specifically devoted to a the Structured Query Language quot;SQLquot;, to include SQL Server Views, Stored Procedures, and TSQL; b software requirement analysis; c user interfacing UI; and d using C# or Java or NodeJS.br br EDUCATION AND EXPERIENCE REQUIRED the other way to qualify Masters Degree or foreign equivalent in computer science or a related, technological discipline this expressly includes both information technology and applied computer science. Where Mastersqualified must, in addition, have two years of all of the following experience a software engineering experience involving largescale, software applications and serverclient development; b with SQL, to include SQL Server Views, Stored Procedures, and TSQL; c performing software requirement analysis; d with UI; and e using C# or Java or NodeJS.br br NOTE Job titles while gaining experience not a factor.br br NOTE ON PREVAILING WAGE DETERMINATION VALIDITY In merely beginning recruitment during the prevailing wage determination validity period, we comply with 20 C.F.R. 656.40c. This, by itself, is enough to satisfy regulation. Prior expiration, then, of the prevailing wage determination, as of the time of filing of this form, is immaterial. See 20 C.F.R. 656.40c, indicating that quot;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.quot; 20 C.F.R. 656.40c. Emphasis added. Here, it should be noted, specifically, that all 656.17e recruitment activities were begun while the prevailing wage determination was valid with any ONE starting before its expiration sufficient to quot;begin the recruitment period requiredquot; 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 prevailing wage 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 USE OF EMPLOYEEREFERRAL PROGRAM WITH INCENTIVES FOR RECRUITMENT PURPOSES WITHIN THIRTY DAYS OF FILING PERMITTED BY 20 C.F.R. 656.17e1ii Although this particular recruitment avenue was used within thirty days of what became the date of filing, this is permissible under 20 C.F.R. 656.17e1ii. The regulation cited states that one of the additional nonmandatory recruitment steps needed in professional cases may consist of activity that took place within 30 days of the filing of the application. 20 C.F.R. 656.17e1ii. Our application makes clearbr that over the relevant, timeconstruct considered, this can only be said of the employeereferral program with incentives, recruitment option.

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

2020-02-28

SWA Job Order End Date

2020-04-03

Sunday Edition Newspaper

Y

First Newspaper Name

The Boston Globe

First Advertisement Start Date

2020-03-01

Second Newspaper Ad Name

The Boston Globe

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-03-08

Employer Website From Date

2021-01-01 09:11:37

Employer Website To Date

2021-01-01 09:11:37

Professional Organization Ad From Date

2021-01-01 09:11:37

Professional Organization Advertisement To Date

2021-01-01 09:11:37

Job Search Website From Date

2020-03-03

Job Search Website To Date

2020-03-16

Employee Referral Program From Date

2020-06-11

Employee Referral Program To Date

2020-08-19

Local Ethnic Paper From Date

2020-03-05

Local Ethnic Paper To Date

2020-03-05

Radio/TV Ad From Date

2021-01-01 09:11:37

Radio/TV Ad To Date

2021-01-01 09:11:37

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

INDIA

Foreign Worker Birth Country

INDIA

Class of Admission

H-1B

Foreign Worker Education

Master's

Foreign Worker Information: Major

APPLIED COMPUTER SCIENCE PER EQUIVALENCY EVALUATION

Foreign Worker Years of Education Completed

2005

Foreign Worker Institution of Education

ANNA UNIVERSITY

Foreign Worker Education Institution Address 1

NEAR GANDHI MANDAPAM SARDAR PATEL ROAD ENGINEERING COLLEGE

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

CHENNAI

Foreign Worker Education Institution State/Province

TAMIL NADU STATE

Foreign Worker Education Institution Country

INDIA

Foreign Worker Education Institution Postal Code

600025

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

bkurzeja@pampaninlaw.com

Employer Information Declaration Name

Glen Kimmel

Employer Information Declaration Title

Vice President of Finance