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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