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Case Number: A-21218-28402

Fiscal year: 2022

Fiscal Year

2022

Case Number

A-21218-28402

Case Status

Certified-Expired

Received Date

2021-09-08

Decision Date

2022-03-07

Refile

N

Original File Date

2022-01-01 11:02:52

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

SCHWANS SHARED SERVICES, LLC

Employer Name Slug

schwans-shared-services-llc

Employer Address 1

115 WEST COLLEGE DRIVE

Employer Address 2

Employer City

MARSHALL

Employer City Slug

marshall

Employer State

MINNESOTA

Employer State Slug

minnesota

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

56258

Employer Phone

507-537-8796

Employer Number of Employees

7500

Employer Year Commenced Business

2002

NAICS Code

31141

FW Ownership Interest

N

Employer Contact Name

Carole Kerkaert

Employer Contact Address 1

115 West College Drive

Employer Contact Address 2

Employer Contact City

Marshall

Employer Contact State/Province

MINNESOTA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

56258

Employer Contact Phone

507-537-8796

Employer Contact Email

carole.kerkaert@schwans.com

Agent Attorney Name

George C Maxwell

Agent Attorney Firm Name

Borene Law Firm, P.A.

Agent Attorney Phone

6123210082

Agent Attorney Address 1

80 South Eighth Street

Agent Attorney Address 2

3950 IDS Center

Agent Attorney City

Minneapolis

Agent Attorney State/Province

MINNESOTA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

55402

Agent Attorney Email

gmaxwell@borene.com

PW Track Number

P10020351964504

PW SOC Code

17-2112

PW SOC Title

Industrial Engineers

PW Skill Level

Level III

PW Wage

91270.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2021-04-30

PW Expiration Date

2021-07-29

Wage Offer From

91270.00

Wage Offer To

0.00

Average Salary

91270.00

Wage Unit of Pay

Year

Worksite Address 1

7605 Empire Drive

Worksite Address 2

Worksite City

Florence

Worksite City Slug

florence

Worksite State

KENTUCKY

Worksite Postal Code

41042

Job Title

Senior Process Engineer

Job Title Slug

senior-process-engineer

Minimum Education

Master's

Major Field of Study

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

Y

Accept Alternative Combination Education

Bachelor's

Accept Alternative Combination Education Years

6

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

36

Accept Alternative Job Title

See H.14

Job Opportunity Requirements Normal

N

Foreign Language Required

N

Specific Skills

Education A Master of Science degree U.S. or foreign equivalent in Industrial Engineering, Food Engineering, Chemical Engineering or Mechanical Engineering or closely related field; OR B Alternatively, a Bachelor of Science U.S. or foreign equivalent in Industrial Engineering, Food Engineering, Chemical Engineering or Mechanical Engineering or closely related field. Experience Candidates with a Masters of Science degree listed above are required to have at least 3 years of experience in an engineering position in manufacturing; at least one year of experience in engineering, testing, commissioning, and maintaining process operations in the food or pharmaceutical industry; and at least one year of experience in writing preliminary capital proposals and commercializing new process technology and new processing equipment for manufacturing food. All experience can be gained concurrently in the same 3 year period. Alternatively, candidates who have a Bachelor of Science degree listed above are required to have at least 6 years of experience in an engineering position in manufacturing; at least one year of experience in engineering, testing, commissioning, and maintaining process operations in the food or pharmaceutical industry and at least one year of experience in writing preliminary capital proposals and commercializing new process technology and new processing equipment for manufacturing food. All experience can be gained concurrently in the same 6 year period.br br Section H.6 has been answered quot;noquot; because while experience in the job would be acceptable, it is not required.br br Ms. Vidula Pawar meets and exceeds all of the minimum requirements. She earned a Master of Science degree in Mechanical Engineering from the University of Texas at Arlington. Ms. Pawar acquired her experience in two different, fulltime professional engineering positions at Schwans Shared Services, LLC from June 15, 2015 to January 18, 2020. She was employed as a Process Engineering Intern from June 15, 2015 to October 17, 2015 and as Process Engineer from October 18, 2015 to January 18, 2020. The Process Engineering Intern and the Process Engineer positions at Schwans Shared Services, LLC are not substantially comparable to the Senior Process Engineer position offered by Schwans Shared Services in this Labor Certification. A comparison of the duties between the Senior Process Engineer position and the Process Engineering Intern and Process Engineer positions, specified in sections H.11 and K.b.9 and K.c.9 demonstrates that the duties for the Process Engineering Intern and Process Engineer positions are more than 50 different from the duties of the Senior Process Engineer position. A significant portion of the Senior Process Engineer duties listed in H.11 have no corresponding duty or are qualitatively different from duties listed in the Process Engineering Intern and Process Engineer positions listed in K.b.9 and K.c.9.br br As this is a Senior Process Engineer position, the requirements are founded in business necessity. Schwans manufactures more than 300 frozen food items for sale, generating billions in revenue. The Senior Process Engineer plays a critical role in the manufacturing of these frozen food products by developing, designing, testing, commissioning, engineering maintaining processes to efficiently manufacture frozen food items at our plants. The education experience requirements are necessary to acquire the level of skill, knowledge and engineering experience to engage in process processing activities at the senior level which requires drawing upon education in one of the listed engineering disciplines and prior relevant experience to propose engineering solutions to improve the manufacturing processes. These duties are reasonably related to high level process engineering expected of a Senior Process Engineering in a company of this size and are necessary to perform the job reasonably.

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

2021-06-18

SWA Job Order End Date

2021-07-23

Sunday Edition Newspaper

Y

First Newspaper Name

The Cincinnati Enquirer

First Advertisement Start Date

2021-06-27

Second Newspaper Ad Name

The Cincinnati Enquirer

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-07-11

Employer Website From Date

2021-06-18

Employer Website To Date

2021-08-06

Professional Organization Ad From Date

2022-01-01 11:02:52

Professional Organization Advertisement To Date

2022-01-01 11:02:52

Job Search Website From Date

2021-06-21

Job Search Website To Date

2021-07-23

Employee Referral Program From Date

2022-01-01 11:02:52

Employee Referral Program To Date

2022-01-01 11:02:52

Local Ethnic Paper From Date

2021-08-05

Local Ethnic Paper To Date

2021-08-06

Radio/TV Ad From Date

2022-01-01 11:02:52

Radio/TV Ad To Date

2022-01-01 11:02:52

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

INDIA

Foreign Worker Birth Country

INDIA

Class of Admission

H-1B

Foreign Worker Education

Master's

Foreign Worker Information: Major

MECHANICAL ENGINEERING

Foreign Worker Years of Education Completed

2014

Foreign Worker Institution of Education

UNIVERSITY OF TEXAS AT ARLINGTON

Foreign Worker Education Institution Address 1

701 SOUTH NEDDERMAN DRIVE

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

ARLINGTON

Foreign Worker Education Institution State/Province

TX

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

76019

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

George C Maxwell

Preparer Title

Attorney at Law

Preparer Email

gmaxwell@borene.com

Employer Information Declaration Name

Abby Collins

Employer Information Declaration Title

Senior Corporate Attorney