Fiscal Year

2022

Case Number

A-20339-29406

Case Status

Certified-Expired

Received Date

2020-12-22

Decision Date

2021-11-12

Refile

N

Original File Date

2022-01-01 10:24:59

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

The Gund Company, Inc.

Employer Name Slug

the-gund-company-inc

Employer Address 1

9333 Dielman Industrial Drive

Employer Address 2

Employer City

St. Louis

Employer City Slug

st-louis

Employer State

MISSOURI

Employer State Slug

missouri

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

63132

Employer Phone

314-492-4800

Employer Number of Employees

266

Employer Year Commenced Business

1951

NAICS Code

335999

FW Ownership Interest

Y

Employer Contact Name

Brian D Krupich

Employer Contact Address 1

9333 Dielman Industrial Drive

Employer Contact Address 2

Employer Contact City

St. Louis

Employer Contact State/Province

MISSOURI

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

63132

Employer Contact Phone

314-492-4820

Employer Contact Email

bkrupich@thegundcompany.com

Agent Attorney Name

Fatima G Khan

Agent Attorney Firm Name

Lewis Rice, LLC

Agent Attorney Phone

3144441328

Agent Attorney Address 1

600 Washington Avenue

Agent Attorney Address 2

Suite 2500

Agent Attorney City

Saint Louis

Agent Attorney State/Province

MISSOURI

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

63101

Agent Attorney Email

fkhan@lewisrice.com

PW Track Number

P10020148604384

PW SOC Code

11-2021

PW SOC Title

Marketing Manager

PW Skill Level

Level IV

PW Wage

149594.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-09-16

PW Expiration Date

2021-06-30

Wage Offer From

156811.00

Wage Offer To

0.00

Average Salary

156811.00

Wage Unit of Pay

Year

Worksite Address 1

9333 Dielman Industrial Blvd.

Worksite Address 2

NA

Worksite City

St. Louis

Worksite City Slug

st-louis

Worksite State

MISSOURI

Worksite Postal Code

63132

Job Title

Director of Market Development, Switchgear and Electronics

Job Title Slug

director-of-market-development-switchgear-and-electronics

Minimum Education

Master's

Major Field of Study

Business Administration or Management. See H.14

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

60

Accept Alternative Job Title

technical sales roles

Job Opportunity Requirements Normal

N

Foreign Language Required

Y

Specific Skills

THE POSITION REQUIRES A MASTERS DEGREE IN BUSINESS ADMINISTRATION OR MANAGEMENT WITH A PRIOR DEGREE AT LEAST A BACHELORS IN INDUSTRIALbr ENGINEERING, ELECTRICAL ENGINEERING OR CLOSELY RELATED FIELD, OR THEIR EQUIVALENTS.br br POSITION REQUIRES MINIMUM OF FIVE YEARS EXPERIENCE IN TECHNICAL SALES WITH DIRECT ACCOUNT MANAGEMENT OR PRODUCT LINE MANAGEMENT RESPONSIBILITY.br br POSITION REQUIRES MINIMUM OF TWO YEARS EXPERIENCE IN PRODUCT LINE MANAGEMENT SPECIFICALLY INVOLVING COMPOSITE MATERIALS AND THERMOPLASTICS, PRODUCTION, SOURCING AND APPLICATIONS.br br POSITION REQUIRES MINIMUM OF TWO YEARS EXPERIENCE MANAGING, INTERACTING, AND EXECUTING CRM SOFTWARE.br br POSITION REQUIRES MINIMUM OF TWO YEARS EXPERIENCE WITH REVIEWING AND ANALYZING FINANCIAL RECORDS TO DETERMINE STATE OF OPERATIONS, INCLUDING INCOME STATEMENTS, GENERAL LEDGERS AND CASH FLOW REPORTS, AND CREATING AND MANAGING INTERNATIONAL SALES BUDGET AND FORECAST.br br SPANISH LANGUAGE REQUIRED TO LIAISE WITH SPANISHSPEAKING CUSTOMERS AND COUNTERPARTS IN MEXICO.br br TRAVEL REQUIRED UP TO 50 OF TIME FOR CUSTOMER MEETINGS, TRAINING, TRADE SHOWS, FACILITY VISITS, VENDOR MEETINGS AND AUDITS, INCLUDING DOMESTIC TRAVEL NATIONWIDE, AND INTERNATIONAL TRAVEL PRIMARILY TO MEXICO, DOMINICAN REPUBLIC, AND OCCASIONALLY TO CANADA, CHINA AND INDIA WITH FLEXIBILITY TO TRAVEL WORLDWIDE, AS NEEDED.br br Note to Section C.9 page 1 clarifying the aliens ownership interest in the sponsoring employers businessbr br The alien, based on his length of service, received 0.153 shares of common stock i.e., just a fraction of one share, of the total 1,010 outstanding shares, pursuant to an employee incentive stock plan ESOP, amounting to a present value of 6,616.41. Of the total shares, 303 shares or approx. 30 of total shares are spread out among all employees participating in the employers ESOP plan around 300 employees currently participate. Thus, the alien holds only approx. .00015 ownership interest in the company. These ESOP shares including the Aliens share percentage are nonvoting shares, however. The Gund family owns the remaining 70 of the business through direct ownership or ownership through trusts that have been established, and thus these shareholders exercise control over the Company. There is no familial relationship with or between such owners, stockholders, partners, corporate officers, or incorporators, and the alien. Thus, the aliens ownership interest is miniscule, and the alien has no control or influence over hiring decisions, nor is the alien involved in the management of the company.br br Note to H.6 and H.10 no Kellogg language required Per PERM FAQ #9 underbr Advertisement Content, Kellogg language is not required when the employer requires experience in an alternate occupation in H.10 and not in the job offered in H.6 since the employee is qualifying for the position based on the primary requirement indicated in H.10. See also DOL Stakeholders Meeting Minutes, Dec. 11, 2006 Q. 18 and DOL Stakeholders Meeting Minutes, Oct. 27, 2008 Q. 18, both confirming the same.

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

2020-07-01

SWA Job Order End Date

2020-07-31

Sunday Edition Newspaper

Y

First Newspaper Name

St. Louis Post Dispatch

First Advertisement Start Date

2020-06-28

Second Newspaper Ad Name

St. Louis Post Dispatch

Second Advertisement Type

Newspaper

Second Ad Start Date

2020-07-05

Employer Website From Date

2020-07-14

Employer Website To Date

2020-08-13

Professional Organization Ad From Date

2022-01-01 10:24:59

Professional Organization Advertisement To Date

2022-01-01 10:24:59

Job Search Website From Date

2020-06-28

Job Search Website To Date

2020-07-27

Employee Referral Program From Date

2022-01-01 10:24:59

Employee Referral Program To Date

2022-01-01 10:24:59

Local Ethnic Paper From Date

2022-01-01 10:24:59

Local Ethnic Paper To Date

2022-01-01 10:24:59

Radio/TV Ad From Date

2022-01-01 10:24:59

Radio/TV Ad To Date

2022-01-01 10:24:59

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

MEXICO

Foreign Worker Birth Country

MEXICO

Class of Admission

TN

Foreign Worker Education

Master's

Foreign Worker Information: Major

BUSINESS ADMINISTRATION

Foreign Worker Years of Education Completed

2016

Foreign Worker Institution of Education

INSTITUTO PANAMERICANO DE ALTA DIRECCION DE EMPRESA

Foreign Worker Education Institution Address 1

CALLE FLORESTA 20

Foreign Worker Education Institution Address 2

CLAVERIA, AZCAPOTZALCO

Foreign Worker Education Institution City

CIUDAD DE MXICO

Foreign Worker Education Institution State/Province

CDMX

Foreign Worker Education Institution Country

MEXICO

Foreign Worker Education Institution Postal Code

2080

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Fatima G Khan

Preparer Title

Attorney

Preparer Email

fkhan@lewisrice.com

Employer Information Declaration Name

Brian D Krupich

Employer Information Declaration Title

VP Administration