Fiscal Year

2021

Case Number

A-21026-45702

Case Status

Certified

Received Date

2021-01-26

Decision Date

2021-07-06

Refile

N

Original File Date

2021-01-01 09:46:23

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

DICKINSON COLLEGE

Employer Name Slug

dickinson-college

Employer Address 1

COLLEGE LOUTHER STS

Employer Address 2

Employer City

CARLISLE

Employer City Slug

carlisle

Employer State

PENNSYLVANIA

Employer State Slug

pennsylvania

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

17013

Employer Phone

7172451504

Employer Number of Employees

958

Employer Year Commenced Business

1773

NAICS Code

611310

FW Ownership Interest

N

Employer Contact Name

Michelle Spencer

Employer Contact Address 1

College Louther Sts

Employer Contact Address 2

Employer Contact City

Carlisle

Employer Contact State/Province

PENNSYLVANIA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

17013

Employer Contact Phone

717-245-1503

Employer Contact Email

spencer@dickinson.edu

Agent Attorney Name

Kendra S Elliott

Agent Attorney Firm Name

Law Offices of Kendra S. Elliott, Esq.

Agent Attorney Phone

717-506-5207

Agent Attorney Address 1

2215 Millennium Way

Agent Attorney Address 2

Agent Attorney City

Enola

Agent Attorney State/Province

PENNSYLVANIA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

17025

Agent Attorney Email

kendra.elliott@kelliottlaw.com

PW Track Number

P10020154620928

PW SOC Code

25-1124

PW SOC Title

Foreign Language and Literature Teachers, Postsecondary

PW Skill Level

Level I

PW Wage

32870.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-09-24

PW Expiration Date

2021-06-30

Wage Offer From

32870.00

Wage Offer To

0.00

Average Salary

32870.00

Wage Unit of Pay

Year

Worksite Address 1

Dickinson College loc at

Worksite Address 2

28 N. College St.

Worksite City

CARLISLE

Worksite City Slug

carlisle

Worksite State

PENNSYLVANIA

Worksite Postal Code

17013

Job Title

Assistant Professor of Chinese Language

Job Title Slug

assistant-professor-of-chinese-language

Minimum Education

Doctorate

Major Field of Study

Chinese Literature and Language or rel field

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

Y

Accept Alternative Major Field of Study

Chinese Literature and Language or rel field

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

Y

Specific Skills

Further to H.4 through H.10 above JOB REQUIREMENTS Must have Ph.D.ABD in Chinese Literature and Language or rel field. Also reqs nearnative fluency in Chinese. Please send cover letter, CV, statement of teaching philosophy, course evals if avail, description of research program incl plans for future research involving undergrad research assistants, unofficial grad transcripts, and 3 letters of rec.br br Further to H.13 above FOREIGN LANGUAGE the requirements of nearnative fluency in Chinese are normal to the occupation and did not result in the addition of any points during the prevailing wage determination. Prevailing Wage Determination guidance states specifically on page 12 A language requirement...shall generally be considered a special skill for all occupations, with the exception of foreign language teachers Therefore, it is not a special skill in this scenario, as foreign language teachers are categorically exempt and this petition is being filed for a foreign language teacher. Further, pursuant to 20 C.F.R. Sec. 656.17h2i, a business necessity may be predicated on The nature of the occupation, e.g., translator, etc. It is this regulation upon which the business necessity justification is based. A foreign language teaching position necessarily implies that the foreign language teacher function, at some level, as a translator as they instruct individuals with an understanding of one language, English, into understanding another, Chinese. The nature of the occupation of a foreign language teacher is such that fluency in the foreign language being taught is required for performing the primary duties of the job and without which the job cannot be performed. For a foreign language teacher, the ability to speak the foreign language is not merely a job duty, it is the primary job duty. The foreign language requirement, therefore, is essential to perform the job in a reasonable manner.

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

N

Application for College/University Teacher

Y

SWA Job Order Start Date

2021-01-01 09:46:23

SWA Job Order End Date

2021-01-01 09:46:23

Sunday Edition Newspaper

First Newspaper Name

First Advertisement Start Date

2021-01-01 09:46:23

Second Newspaper Ad Name

Second Advertisement Type

Second Ad Start Date

2021-01-01 09:46:23

Employer Website From Date

2021-01-01 09:46:23

Employer Website To Date

2021-01-01 09:46:23

Professional Organization Ad From Date

2021-01-01 09:46:23

Professional Organization Advertisement To Date

2021-01-01 09:46:23

Job Search Website From Date

2021-01-01 09:46:23

Job Search Website To Date

2021-01-01 09:46:23

Employee Referral Program From Date

2021-01-01 09:46:23

Employee Referral Program To Date

2021-01-01 09:46:23

Local Ethnic Paper From Date

2021-01-01 09:46:23

Local Ethnic Paper To Date

2021-01-01 09:46:23

Radio/TV Ad From Date

2021-01-01 09:46:23

Radio/TV Ad To Date

2021-01-01 09:46:23

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

Doctorate

Foreign Worker Information: Major

CHINESE

Foreign Worker Years of Education Completed

2017

Foreign Worker Institution of Education

STANFORD UNIVERSITY

Foreign Worker Education Institution Address 1

450 SERRA MALL

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

STANFORD

Foreign Worker Education Institution State/Province

CA

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

94305

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Kendra S Elliott

Preparer Title

Attorney

Preparer Email

kendra.elliott@kelliottlaw.com

Employer Information Declaration Name

Michelle Spencer

Employer Information Declaration Title

HRIS Administrator