Fiscal Year

2021

Case Number

A-20209-81086

Case Status

Certified

Received Date

2020-09-28

Decision Date

2021-04-28

Refile

N

Original File Date

2021-01-01 09:17:22

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

DAVID ZWIRNER, INC.

Employer Name Slug

david-zwirner-inc

Employer Address 1

525 W 19TH STREET

Employer Address 2

CO HUMAN RESOURCES MANAGER

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

10011

Employer Phone

212-727-2070

Employer Number of Employees

112

Employer Year Commenced Business

1993

NAICS Code

453920

FW Ownership Interest

N

Employer Contact Name

Rebecca Zaretsky

Employer Contact Address 1

David Zwirner, Inc.

Employer Contact Address 2

525 W 19th Street

Employer Contact City

New York

Employer Contact State/Province

NEW YORK

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

7040

Employer Contact Phone

2127272070

Employer Contact Email

rzaretsky@davidzwirner.com

Agent Attorney Name

Sharon J Phillips

Agent Attorney Firm Name

Sharon J. Phillips, Attorney at Law

Agent Attorney Phone

2122804005

Agent Attorney Address 1

825 West End Avenue

Agent Attorney Address 2

Suite 1E

Agent Attorney City

New York

Agent Attorney State/Province

NEW YORK

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

10025

Agent Attorney Email

sharon@sjplegal.com

PW Track Number

P10020079419404

PW SOC Code

25-4012

PW SOC Title

Curators

PW Skill Level

Level IV

PW Wage

92768.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-06-12

PW Expiration Date

2020-09-10

Wage Offer From

120000.00

Wage Offer To

130000.00

Average Salary

125000.00

Wage Unit of Pay

Year

Worksite Address 1

525 WEST 19TH STREET

Worksite Address 2

Worksite City

NEW YORK

Worksite City Slug

new-york

Worksite State

NEW YORK

Worksite Postal Code

10011

Job Title

Director (Contemporary Art Gallery)

Job Title Slug

director-contemporary-art-gallery

Minimum Education

Bachelor's

Major Field of Study

Art History

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

60

Accept Alternative Job Title

Director or Associate Director Contemporary Art Gallery see H14

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

Must have demonstrated expertise in overseeing exhibition and sale of conceptual works incorporating new media and other nontraditional materials.br br Must have at least 5 years of fulltime postbaccalaureate experience as a Director or Associate Director Contemporary Art Gallery. Experience must be gained through employment with a commercial fine art gallery in a global art world center operating in the primary and secondary markets, that has a robust global art fair program at least 5 international fairs per year, including fairs in the Asian, European and American art markets and that represents a significant stable of highcaliber artists estates at least 30 whose works are included in major museum exhibitions and collections and who are regularly featured in leading international biennials e.g., the Venice Biennale, the Whitney Biennial, Documenta. Experience must encompass concurrent responsibility for artist management and artwork placementsales in primary and secondary markets, i.e. direct involvement in the management of at least 5 highcaliber gallery artists; extensive and successful representation of gallery at international art fairs at least 5 per year with sales; and demonstrated record of significant sales reflecting strong relationships with collectors and museum curators across regions. Experience in the job offered is not required, but is acceptable in fulfillment of the experience requirement.br br Work schedule TuesSat, 106. Work may be performed at multiple David Zwirner gallery locations in New York City. Domestic and international travel required to attend international art fairs, gallery artist exhibitions both within and outside of gallery locations, general meetings with gallery artists in their studios and other activities as required, approximately 812 weeks per year.br br Clarification of responses to Section I.e.26 and I.e.26A The employer laid off 26 employees in New York, NY on July 1, 2020 one of the laid off employees was rehired on August 31, 2020. None of the laid off employees had been employed in the occupation for which certification is sought Director Contemporary Art Gallery, or in any similar position. They were primarily art handlers, assistants of various kinds and unrelated professionals such as HR Associate, Communications Manager, Archivist, etc. Of the laidoff positions, only one position Sales Assistant 1st assistant involved a function that was in any way connected to the occupation for which certification is sought, in that Sales Assistants report to and support Directors Contemporary Art Gallery. However, the occupation of Director is primarily curatorial, and involves working closely and strategically with artists, mounting exhibitions and placing art works in leading public and private collections through sales. By contrast, the laidoff Sales Assistant primarily provided administrative support, coordinating communications, schedules, travel and checklists; liaising with other gallery personnel regarding inventory and exhibition management, production, shipping, etc. Since the occupation of Sales Assistant does not involve performing the essential duties involved in the occupation for which certification is sought,quot; it is not related to the position of Director Contemporary Art Gallery. Therefore the layoff did not involve the occupation for which certification is sought or a quot;related occupation.quot; Nevertheless, the employer considered the resume and employment record of the laidoff Sales Assistant and concluded that she is not a potentially qualified laid off U.S. worker. The laidoff Sales Assistant had less than 3 years experience working in an assistant role that is not comparable to the required experience as a Director or Associate Director Contemporary Art Gallery. She therefore could not satisfy the minimum experience requirement for the occupation for which certification is sought.

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

2020-07-27

SWA Job Order End Date

2020-08-26

Sunday Edition Newspaper

Y

First Newspaper Name

The New York Times

First Advertisement Start Date

2020-06-21

Second Newspaper Ad Name

The New York Times

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-06-28

Employer Website From Date

2020-06-18

Employer Website To Date

2020-07-09

Professional Organization Ad From Date

2021-01-01 09:17:22

Professional Organization Advertisement To Date

2021-01-01 09:17:22

Job Search Website From Date

2020-06-20

Job Search Website To Date

2020-07-06

Employee Referral Program From Date

2021-01-01 09:17:22

Employee Referral Program To Date

2021-01-01 09:17:22

Local Ethnic Paper From Date

2021-01-01 09:17:22

Local Ethnic Paper To Date

2021-01-01 09:17:22

Radio/TV Ad From Date

2021-01-01 09:17:22

Radio/TV Ad To Date

2021-01-01 09:17:22

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

Y

Country of Citizenship

CANADA

Foreign Worker Birth Country

CANADA

Class of Admission

H-1B

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

ART HISTORY

Foreign Worker Years of Education Completed

2013

Foreign Worker Institution of Education

NEW YORK UNIVERSITY

Foreign Worker Education Institution Address 1

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

NEW YORK

Foreign Worker Education Institution State/Province

NY

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

10276

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Sharon J Phillips

Preparer Title

Attorney at Law

Preparer Email

sharon@sjplegal.com

Employer Information Declaration Name

Rebecca Zaretsky

Employer Information Declaration Title

Human Resources Director