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Case Number: A-21171-03947

Fiscal year: 2022

Fiscal Year

2022

Case Number

A-21171-03947

Case Status

Certified-Expired

Received Date

2021-06-30

Decision Date

2021-12-14

Refile

N

Original File Date

2022-01-01 10:36:12

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

AUBURN UNIVERSITY

Employer Name Slug

auburn-university

Employer Address 1

228 FOY HALL

Employer Address 2

Employer City

AUBURN

Employer City Slug

auburn

Employer State

ALABAMA

Employer State Slug

alabama

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

36849

Employer Phone

334-844-4504

Employer Number of Employees

8871

Employer Year Commenced Business

1856

NAICS Code

611310

FW Ownership Interest

N

Employer Contact Name

Obrad M Budic

Employer Contact Address 1

228 Foy Hall

Employer Contact Address 2

Employer Contact City

Auburn

Employer Contact State/Province

ALABAMA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

36849

Employer Contact Phone

3348444504

Employer Contact Email

omb0010@auburn.edu

Agent Attorney Name

MONIQUE K MEADOWS

Agent Attorney Firm Name

US Visa ProMonique K. Meadows PA

Agent Attorney Phone

334.887.6446

Agent Attorney Address 1

2415 MOORES MILL RD.

Agent Attorney Address 2

Ste 265

Agent Attorney City

AUBURN

Agent Attorney State/Province

ALABAMA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

36830-8484

Agent Attorney Email

mkm@usvisapro.com

PW Track Number

P10020286875966

PW SOC Code

25-1071

PW SOC Title

Health Specialties Teachers, Postsecondary

PW Skill Level

Level III

PW Wage

116800.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-03-10

PW Expiration Date

2021-06-30

Wage Offer From

140000.00

Wage Offer To

0.00

Average Salary

140000.00

Wage Unit of Pay

Year

Worksite Address 1

1220 Wire Rd

Worksite Address 2

Auburn University

Worksite City

Auburn

Worksite City Slug

auburn

Worksite State

ALABAMA

Worksite Postal Code

36849

Job Title

Assistant Professor

Job Title Slug

assistant-professor

Minimum Education

Other

Major Field of Study

Veterinary Medicine

Required Training

Y

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

N

Accept Alternative Occupation Months

Accept Alternative Job Title

Job Opportunity Requirements Normal

N

Foreign Language Required

N

Specific Skills

H.5B continued Minimum of 36month training residency in animal surgery at time employment begins. In lieu of 36month Animal Surgery training residency, employer will accept Diplomat Status in the American College of Veterinary Surgeons or European College of Veterinary Surgeons. Continued Job #3br br H.12 and H.15 Note The Prevailing Wage Determination designated the position offered as a position that represents a combination of occupations specifically, 251071 Health Specialties Teachers, Postsecondary and 291131 Veterinarians. Employer does not concur with the PWDs designation of the position offered as a combination of occupations because a clinical postsecondary teacher in animal surgery will necessarily require the successful applicant to teach in a clinical arena, performing clinical veterinary services. The designation of the position offered as a combination of resulted in elevating the wage level to level 2.br br Surprisingly, however, the PWD elevated the wage level beyond level 2 to a level 3 wage, which necessarily means the PWD deem the requirements for the position to be outside of the SVP of one or both of the occupational classifications. Based on the PWD Petitioner selected no to item H12 Are the job opportunitys requirements normal for the occupation. Petitioner questions the PWDs conclusion that the requirements exceed the SVP for either occupational classification. Both 251071 Health Specialties Teachers, Postsecondary and 291131 Veterinarians occupational classifications are JobZone 5 positions. 251071 Health Specialties Teachers, Postsecondary has a stated education requirement of a doctorate Ph.D. and 291131 Veterinarians has a stated education requirement of First professional degree. The degree requirement for the position offered DVM or foreign equivalent does not exceed the stated educational requirements.br br ONET JobZone 5 describes experience requirements as follows Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience. For example, surgeons must complete four years of college and an additional five to seven years of specialized medical training to be able to do their job. The position offered is consistent with the description. The position offered requires a minimum or 36month residencytraining in animal surgery at the time employment begins. The employer will accept Diplomat Status in the American College of Veterinary Surgeons or European College of Veterinary Surgeons in lieu of the 36month Animal Surgery trainingresidency. Given that the status is an alternative requirement, it should not have been considered when determining the wage level. The minimum trainingresidency requirement of 3 years coupled with the degree requirement of DVM is within the JobZone SVP of 8 and above. Moreover, the requirements are consistent with the ONETs description of JobZone 5 Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience. For example, surgeons must complete four years of college and an additional five to seven years of specialized medical training to be able to do their job. Cont. Sect K, Job 1

Combination Occupation

Y

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

2021-03-31

SWA Job Order End Date

2021-04-30

Sunday Edition Newspaper

Y

First Newspaper Name

Opelika Auburn News

First Advertisement Start Date

2021-05-16

Second Newspaper Ad Name

Opelika Auburn News

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-05-23

Employer Website From Date

2021-03-29

Employer Website To Date

2021-04-30

Professional Organization Ad From Date

2021-04-01

Professional Organization Advertisement To Date

2021-04-30

Job Search Website From Date

2021-03-30

Job Search Website To Date

2021-04-30

Employee Referral Program From Date

2022-01-01 10:36:12

Employee Referral Program To Date

2022-01-01 10:36:12

Local Ethnic Paper From Date

2022-01-01 10:36:12

Local Ethnic Paper To Date

2022-01-01 10:36:12

Radio/TV Ad From Date

2022-01-01 10:36:12

Radio/TV Ad To Date

2022-01-01 10:36:12

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

H-1B

Foreign Worker Education

Other

Foreign Worker Information: Major

VETERINARY SCIENCE

Foreign Worker Years of Education Completed

2012

Foreign Worker Institution of Education

UNIVERSITY OF BRISTOL

Foreign Worker Education Institution Address 1

BEACON HOUSE, QUEENS ROAD

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

BRISTOL

Foreign Worker Education Institution State/Province

Foreign Worker Education Institution Country

UNITED KINGDOM

Foreign Worker Education Institution Postal Code

BS8 1TL

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

MONIQUE K MEADOWS

Preparer Title

Attorney for Auburn University

Preparer Email

mkm@usvisapro.com

Employer Information Declaration Name

Obrad M Budic

Employer Information Declaration Title

Director, International Student Scholar Services