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Case Number: A-20205-80006

Fiscal year: 2021

Fiscal Year

2021

Case Number

A-20205-80006

Case Status

Certified

Received Date

2020-10-22

Decision Date

2021-05-06

Refile

N

Original File Date

2021-01-01 09:20:36

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

David Zwirner Gallery, LLC

Employer Name Slug

david-zwirner-gallery-llc

Employer Address 1

Rebecca Zaretsky

Employer Address 2

525 W 19th Street

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

53

Employer Year Commenced Business

2008

NAICS Code

453920

FW Ownership Interest

N

Employer Contact Name

Rebecca Zaretsky

Employer Contact Address 1

David Zwirner Gallery, LLC

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

10011

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, Suite 1E

Agent Attorney Address 2

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

P10020157629920

PW SOC Code

25-4012

PW SOC Title

Curators

PW Skill Level

Level III

PW Wage

74651.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-09-28

PW Expiration Date

2021-06-30

Wage Offer From

74651.00

Wage Offer To

0.00

Average Salary

74651.00

Wage Unit of Pay

Year

Worksite Address 1

537 West 20th Street

Worksite Address 2

Worksite City

New York

Worksite City Slug

new-york

Worksite State

NEW YORK

Worksite Postal Code

10011

Job Title

Associate (Contemporary Art Gallery)

Job Title Slug

associate-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

36

Accept Alternative Job Title

DirectorTechnicianExecutive see H14

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

Must have network of contactscollectors and demonstrated success in placing art works in EastSoutheast Asian art markets.br br Must have 3 years full time experience as directortechnicianexecutive with commercial fine art galleryies focusing on contemporary art and operating in the primary and secondary fine art markets. Experience must encompass artist liaison, exhibition planning and management, sales, and coordination of international art fair presentations in multiple markets including EastSoutheast Asia. Experience must include at least two years in a galleryies in a global art world center, and at least one year focusing on exhibition management for exhibitions featuring Asian contemporary art. Experience in the job offered is not required, but is acceptable inbr 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. International travel required to attend international art fairs and biennials, gallery artist exhibitions, etc., approximately 23 weeks per year.br br Clarification of responses to Section I.e.26 and I.e.26A The employer laid off 10 employees in New York, NY on July 1, 2020. None of the laid off employees were employed in the occupation for which certification is sought Associate Contemporary Art Gallery or in any similar position. The laid off employees included 4 Art Handlers, 1 Registrar, 1 Assistant Registrar, 2 Gallery Assistants and 2 Sales Assistants 2nd Assistants. Only the Sales Assistant 2nd assistant role involved functions in any way connected to the occupation for which certification is sought, in that Sales Assistants and Associates are assigned to Sales teams. However, the occupation of Associate Contemporary Art Gallery is curatorial, primarily involving the planning and mounting of exhibitions, strategic management of artists bodies of work, and art fair presentations. By contrast, the Sales Assistant 2nd Assistant role is entirely clerical, involving admin support for correspondence with artist and buyers, invoicing, scheduling, creating guest lists for exhibition openings, travel arrangements, etc. Since the occupation of Sales Assistant 2nd 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 Associate 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 resumes and employment records of the laidoff Sales Assistants 2nd Assistants and concluded that neither is a quot;potentially qualified laid off U.S. worker. Neither of the laid off employees has experience that is sufficient or comparable in substance to the required experience. Both had worked for the employer for 2 years or less, and neither had previous or other art world experience. Consistent with the Sales Assistant 2d Assistant role, the laidoff employees experience was strictly clerical, and did not involve any of the curatorial functions of the Associate Contemporary Art Gallery. Therefore, neither laidoff employee could satisfy the minimum experience requirement for the occupation for which certification is sought. One of the two also did not satisfy the education requirement, as she did not have a Bachelors degree in Art History.

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

2020-06-18

SWA Job Order End Date

2020-07-18

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 09:20:36

Professional Organization Advertisement To Date

2021-01-01 09:20:36

Job Search Website From Date

2020-06-20

Job Search Website To Date

2020-07-06

Employee Referral Program From Date

2021-01-01 09:20:36

Employee Referral Program To Date

2021-01-01 09:20:36

Local Ethnic Paper From Date

2021-01-01 09:20:36

Local Ethnic Paper To Date

2021-01-01 09:20:36

Radio/TV Ad From Date

2021-01-01 09:20:36

Radio/TV Ad To Date

2021-01-01 09:20:36

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

Y

Country of Citizenship

SINGAPORE

Foreign Worker Birth Country

SINGAPORE

Class of Admission

H-1B

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

ART HISTORY

Foreign Worker Years of Education Completed

2012

Foreign Worker Institution of Education

NEW YORK UNIVERSITY

Foreign Worker Education Institution Address 1

70 WASHINGTON SQUARE SOUTH

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

10012

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