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Case Number: A-21007-39703

Fiscal year: 2021

Fiscal Year

2021

Case Number

A-21007-39703

Case Status

Withdrawn

Received Date

2021-01-08

Decision Date

2021-07-06

Refile

N

Original File Date

2021-01-01 09:46:16

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Beam Therapeutics

Employer Name Slug

beam-therapeutics

Employer Address 1

26 Landsdowne Street

Employer Address 2

Employer City

Cambridge

Employer City Slug

cambridge

Employer State

MASSACHUSETTS

Employer State Slug

massachusetts

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

2139

Employer Phone

9788823362

Employer Number of Employees

100

Employer Year Commenced Business

2017

NAICS Code

541711

FW Ownership Interest

N

Employer Contact Name

Sarah Poire

Employer Contact Address 1

26 Landsdowne Street

Employer Contact Address 2

Employer Contact City

Cambridge

Employer Contact State/Province

MASSACHUSETTS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

2139

Employer Contact Phone

9788823362

Employer Contact Email

spoire@beamtx.com

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

sfoster@pampaninlaw.com

PW Track Number

P10020022269080

PW SOC Code

19-1021

PW SOC Title

Biochemists and Biophysicists

PW Skill Level

Level I

PW Wage

60466.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-04-17

PW Expiration Date

2020-07-16

Wage Offer From

60500.00

Wage Offer To

125000.00

Average Salary

92750.00

Wage Unit of Pay

Year

Worksite Address 1

26 Landsdowne Street

Worksite Address 2

2nd Floor

Worksite City

Cambridge

Worksite City Slug

cambridge

Worksite State

MASSACHUSETTS

Worksite Postal Code

2139

Job Title

Scientist, Chemical Biology (DNA Editing Platform)

Job Title Slug

scientist-chemical-biology-dna-editing-platform

Minimum Education

Doctorate

Major Field of Study

See H.14

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

See H.14

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 EXPERIENTIAL REQUIREMENTS Doctor of Philosophy or foreign equivalent in chemical biology or related field. Also requires demonstrated proficiency in all of the following areas a genomeediting of proteins and baseediting constructs; b proteinengineering, to include performance of rational design and molecular evolution for improving the overall efficiency and specificity of baseeditor proteins; c nextgeneration sequencing, to include sample preparation, transcriptomewide RNAsequencing using Illumina NextSeq, DNA baseediting frequency assessment, and longread sequencing using PacBio; d with Illumina Miseq technology; and e performing scientific writing related to chemical biology for professional publication in peerreviewed periodicals.br br STATEMENT OF WORKER QUALIFICATION United States Doctor of Philosophy in chemistry and chemical biology, earned from Harvard University in March 2019. This was finished prior to the sponsored foreignworkers date of hire by the employerapplicant see K.a.6, this form, reflecting 04012019 for a start date, i.e., after the individual had finished the qualifying program. In addition, the workers Doctorallevel chemistrychemical biology program again, completed prior to her date of hire by the employerapplicant provided the proficiencies the position requires. Details on this have been included at K.b.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 her Doctor of Philosophy Degree and explaining precisely how the same were obtained. The details given at K.b.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.br 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

2020-07-29

SWA Job Order End Date

2020-09-02

Sunday Edition Newspaper

Y

First Newspaper Name

The Boston Globe

First Advertisement Start Date

2020-07-19

Second Newspaper Ad Name

The Boston Globe

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-07-26

Employer Website From Date

2021-01-01 09:46:16

Employer Website To Date

2021-01-01 09:46:16

Professional Organization Ad From Date

2020-10-08

Professional Organization Advertisement To Date

2020-11-06

Job Search Website From Date

2020-07-13

Job Search Website To Date

2020-07-27

Employee Referral Program From Date

2021-01-01 09:46:16

Employee Referral Program To Date

2021-01-01 09:46:16

Local Ethnic Paper From Date

2020-07-22

Local Ethnic Paper To Date

2020-07-22

Radio/TV Ad From Date

2021-01-01 09:46:16

Radio/TV Ad To Date

2021-01-01 09:46:16

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

UNITED KINGDOM

Foreign Worker Birth Country

UNITED KINGDOM

Class of Admission

F-1

Foreign Worker Education

Doctorate

Foreign Worker Information: Major

CHEMISTRY AND CHEMICAL BIOLOGY

Foreign Worker Years of Education Completed

2019

Foreign Worker Institution of Education

HARVARD UNIVERSITY

Foreign Worker Education Institution Address 1

GRAD. SCH. ARTS SCI., DEPT. CHEMISTRY CHEMICAL BIO.

Foreign Worker Education Institution Address 2

SMITH CAMPUS CTR., 1350 MASS. AVE., STE. 350

Foreign Worker Education Institution City

CAMBRIDGE

Foreign Worker Education Institution State/Province

MA

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

2138

Foreign Worker Experience with Employer

N/A

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

sfoster@pampaninlaw.com

Employer Information Declaration Name

Sarah Poire

Employer Information Declaration Title

Senior Human Resources Benefits Consultant