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Case Number: A-21038-49846

Fiscal year: 2021

Fiscal Year

2021

Case Number

A-21038-49846

Case Status

Certified

Received Date

2021-02-08

Decision Date

2021-07-29

Refile

N

Original File Date

2021-01-01 09:54:31

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Businessolver

Employer Name Slug

businessolver

Employer Address 1

7600 E. Orchard Rd.

Employer Address 2

Suite 100S

Employer City

Greenwood Village

Employer City Slug

greenwood-village

Employer State

COLORADO

Employer State Slug

colorado

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

80111

Employer Phone

3034068774

Employer Number of Employees

1200

Employer Year Commenced Business

1998

NAICS Code

54151

FW Ownership Interest

N

Employer Contact Name

Chris M Brabec

Employer Contact Address 1

11570 BOUNDSTONE LN

Employer Contact Address 2

Employer Contact City

PARKER

Employer Contact State/Province

COLORADO 1972

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

80138

Employer Contact Phone

3034068774

Employer Contact Email

cbrabec@businessolver.com

Agent Attorney Name

Alan M Pampanin

Agent Attorney Firm Name

PampaninFoster

Agent Attorney Phone

6174980900

Agent Attorney Address 1

co PampaninFoster

Agent Attorney Address 2

2343 Massachusetts Ave

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

P10020057353248

PW SOC Code

15-1199

PW SOC Title

Data Warehousing Specialists

PW Skill Level

Level I

PW Wage

57387.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-05-19

PW Expiration Date

2020-08-17

Wage Offer From

57390.00

Wage Offer To

0.00

Average Salary

57390.00

Wage Unit of Pay

Year

Worksite Address 1

1025 Ashworth Rd.

Worksite Address 2

Suite 101

Worksite City

W. Des Moines

Worksite City Slug

w-des-moines

Worksite State

IOWA

Worksite Postal Code

50265

Job Title

Cloud Data Engineer I

Job Title Slug

cloud-data-engineer-i

Minimum Education

Bachelor's

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

EDUCATION AND PROFICIENCIES REQUIRED Requires Bachelors Degree or foreign equivalent in computer science, computer engineering, or related field. It also requires demonstrated proficiency with a database development; b processing data on relational databases; c the Structured Query Language; and d data warehousing. As an entrylevel role for a new Bachelors graduate, the demonstrated proficiencies required and specified here would need to be derived from baccalaureatelevel coursework.br br STATEMENT OF WORKER QUALIFICATION United States Bachelors Degree in computer science, awarded by Drake University on 12142018. This was earned prior to the sponsored foreignworkers date of fulltime hire by the employerapplicant see K.b.6, this form, reflecting 03042019 for a start date, i.e., after the individual had his qualifying Bachelors, as required. In addition, the workers Bachelorslevel computer science program again, completed prior to his date of fulltime hire by the employerapplicant, this also provided the proficiencies the position requires. Details on this have been included at K.d.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 Bachelors Degree and explaining precisely how the same were obtained. The details given at K.d.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 Company, 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

2020-11-30

SWA Job Order End Date

2021-01-04

Sunday Edition Newspaper

Y

First Newspaper Name

Des Moines Register

First Advertisement Start Date

2020-09-13

Second Newspaper Ad Name

Des Moines Register

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-09-20

Employer Website From Date

2020-12-16

Employer Website To Date

2021-01-06

Professional Organization Ad From Date

2021-01-01 09:54:31

Professional Organization Advertisement To Date

2021-01-01 09:54:31

Job Search Website From Date

2020-08-13

Job Search Website To Date

2020-08-26

Employee Referral Program From Date

2021-01-01 09:54:31

Employee Referral Program To Date

2021-01-01 09:54:31

Local Ethnic Paper From Date

2020-09-18

Local Ethnic Paper To Date

2020-09-18

Radio/TV Ad From Date

2021-01-01 09:54:31

Radio/TV Ad To Date

2021-01-01 09:54:31

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

MALAYSIA

Foreign Worker Birth Country

MALAYSIA

Class of Admission

F-1

Foreign Worker Education

Bachelor's

Foreign Worker Information: Major

COMPUTER SCIENCE

Foreign Worker Years of Education Completed

2018

Foreign Worker Institution of Education

DRAKE UNIVERSITY

Foreign Worker Education Institution Address 1

DEPT. OF MATHEMATICS COMPUTER SCIENCE

Foreign Worker Education Institution Address 2

COLLIERSCRIPPS HALL, 2702 FOREST AVE.

Foreign Worker Education Institution City

DES MOINES

Foreign Worker Education Institution State/Province

IA

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

50311

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 M Pampanin

Preparer Title

Partner

Preparer Email

sfoster@pampaninlaw.com

Employer Information Declaration Name

Chris M Brabec

Employer Information Declaration Title

Vice President of Talent Acquisition