Fiscal Year

2021

Case Number

A-20308-16124

Case Status

Certified

Received Date

2020-11-05

Decision Date

2021-05-21

Refile

N

Original File Date

2021-01-01 09:26:48

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Virgin Instruments Corp

Employer Name Slug

virgin-instruments-corp

Employer Address 1

261 Cedar Hill Street

Employer Address 2

Suite 100

Employer City

Marlborough

Employer City Slug

marlborough

Employer State

MASSACHUSETTS

Employer State Slug

massachusetts

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

1752

Employer Phone

5084601600

Employer Number of Employees

8

Employer Year Commenced Business

2005

NAICS Code

5417

FW Ownership Interest

N

Employer Contact Name

Christina H Vestal

Employer Contact Address 1

261 Cedar Hill Street

Employer Contact Address 2

Suite 100

Employer Contact City

Marlborough

Employer Contact State/Province

MASSACHUSETTS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

1752

Employer Contact Phone

5084601600 111

Employer Contact Email

christina.vestal@simultof.com

Agent Attorney Name

Alan M 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

sfoster@pampaninlaw.com

PW Track Number

P10019329166173

PW SOC Code

15-1133

PW SOC Title

Software Developers, Systems Software

PW Skill Level

Level II

PW Wage

100027.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-03-18

PW Expiration Date

2020-06-30

Wage Offer From

100030.00

Wage Offer To

0.00

Average Salary

100030.00

Wage Unit of Pay

Year

Worksite Address 1

261 Cedar Hill Street

Worksite Address 2

Suite 100

Worksite City

Marlborough

Worksite City Slug

marlborough

Worksite State

MASSACHUSETTS

Worksite Postal Code

1752

Job Title

Software Engineer

Job Title Slug

software-engineer

Minimum Education

Master's

Major Field of Study

Computer Science

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Fields Related to Computer Science

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

Y

Foreign Language Required

N

Specific Skills

EDUCATIONAL AND PROFICIENCY REQUIREMENTS Masters Degree or foreign equivalent in computer science or related field. It also requires demonstrated proficiency with the C programming language, in addition to objectoriented programming and to specifically include proficiency using at least one of the following objectoriented languages a C#; or b Java; or c Python. Also required is demonstrated proficiency i designing and developing embedded computer systems; and ii using, designing, and implementing network protocols. As entrylevel work for a new Masters graduate, the demonstrated proficiencies required and specified here would need to be derived from graduatelevel coursework.br br STATEMENT OF WORKER QUALIFICATION United States Master of Science Degree in computer science, awarded by Bostons Northeastern University on 01092015. This was earned prior to the sponsored foreignworkers original date of hire by the employerapplicant see K.b.6, this form, reflecting 02092015 for a start date, i.e., after the individual had his qualifying Masters, as required. In addition, the workers Masterslevel computer science program again, completed prior to his original date of hire by the employerapplicant provided the proficiencies the position requires. Details on this have been included at K.c.9, this form. Note, too, that the person intends to secure letters of verification, confirming the required proficiencies indeed were acquired in the course of pursuing his Master of Science Degree and explaining precisely how the same were obtained. The details given at K.c.9, this form, provide what will be letter text.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 specified 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 one 656.17e recruitment activity the jobsearch site ad was 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 FAILURE TO STATE quot;KELLOGG LANGUAGEquot; NOT A VALID BASIS TO DENY ACCORDING TO BOARD OF ALIEN LABOR CERTIFICATION APPEALS Cite Federal Insurance Co, 2008PER0037.

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

2020-08-28

SWA Job Order End Date

2020-09-30

Sunday Edition Newspaper

Y

First Newspaper Name

The Boston Globe

First Advertisement Start Date

2020-08-23

Second Newspaper Ad Name

The Boston Globe

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-08-30

Employer Website From Date

2021-01-01 09:26:48

Employer Website To Date

2021-01-01 09:26:48

Professional Organization Ad From Date

2020-10-01

Professional Organization Advertisement To Date

2020-10-31

Job Search Website From Date

2020-06-26

Job Search Website To Date

2020-07-27

Employee Referral Program From Date

2021-01-01 09:26:48

Employee Referral Program To Date

2021-01-01 09:26:48

Local Ethnic Paper From Date

2020-08-26

Local Ethnic Paper To Date

2020-08-26

Radio/TV Ad From Date

2021-01-01 09:26:48

Radio/TV Ad To Date

2021-01-01 09:26:48

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

CHINA

Foreign Worker Birth Country

CHINA

Class of Admission

H-1B

Foreign Worker Education

Master's

Foreign Worker Information: Major

COMPUTER SCIENCE

Foreign Worker Years of Education Completed

2015

Foreign Worker Institution of Education

NORTHEASTERN UNIVERSITY

Foreign Worker Education Institution Address 1

KHOURY COLLEGE OF COMPUTER SCIENCES

Foreign Worker Education Institution Address 2

440 HUNTINGTON AVENUE, 202 WEST VILLAGE H

Foreign Worker Education Institution City

BOSTON

Foreign Worker Education Institution State/Province

MA

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

2115

Foreign Worker Experience with Employer

N/A

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Alan M Pampanin

Preparer Title

Partner

Preparer Email

sfoster@pampaninlaw.com

Employer Information Declaration Name

Christina H Vestal

Employer Information Declaration Title

Chief Financial Officer Owner