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Case Number: A-21147-93214

Fiscal year: 2022

Fiscal Year

2022

Case Number

A-21147-93214

Case Status

Certified

Received Date

2021-06-30

Decision Date

2022-04-07

Refile

N

Original File Date

2022-01-01 11:13:36

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

IT DIVISION INC

Employer Name Slug

it-division-inc

Employer Address 1

410 PEACHTREE PARKWAY, SUITE 4245

Employer Address 2

Employer City

CUMMING

Employer City Slug

cumming

Employer State

GEORGIA

Employer State Slug

georgia

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

30041

Employer Phone

6784560370

Employer Number of Employees

102

Employer Year Commenced Business

2006

NAICS Code

541511

FW Ownership Interest

N

Employer Contact Name

Anil Kumar Nilagiri

Employer Contact Address 1

5955 Parkway North Blvd., Suite A

Employer Contact Address 2

Employer Contact City

Cumming

Employer Contact State/Province

GEORGIA

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

30040

Employer Contact Phone

6784560370

Employer Contact Email

anil@itdivisioninc.com

Agent Attorney Name

Ravi Mannam

Agent Attorney Firm Name

Mannam Associates, LLC

Agent Attorney Phone

877-596-1761

Agent Attorney Address 1

3651 Peachtree Parkway, Suite E360

Agent Attorney Address 2

Agent Attorney City

Suwanee

Agent Attorney State/Province

GEORGIA

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

30024

Agent Attorney Email

lawxpert@yahoo.com

PW Track Number

P10020204730208

PW SOC Code

15-1199

PW SOC Title

Software Quality Assurance Engineers Testers Computer Occupations, All Other

PW Skill Level

Level II

PW Wage

74006.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2020-12-28

PW Expiration Date

2021-06-30

Wage Offer From

74500.00

Wage Offer To

0.00

Average Salary

74500.00

Wage Unit of Pay

Year

Worksite Address 1

Various unanticipated client sites across USA

Worksite Address 2

Emp. Address IT Division dba Apiero Tech., 5955 Parkway North Blvd, Ste. A

Worksite City

Cumming

Worksite City Slug

cumming

Worksite State

GEORGIA

Worksite Postal Code

30040

Job Title

Software Test Engineer [Level II]

Job Title Slug

software-test-engineer-level-ii

Minimum Education

Bachelor's

Major Field of Study

Computer Science or any IT related field, any Engineering / Technology field, or related

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

N

Accept Alternative Occupation Months

Accept Alternative Job Title

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

CONSIDERATION OF FORM ETA 9089 IN ITS ENTIRETYbr br Form ETA 9089, an online fillable form, has certain inherent limitations. Certain lines and sections only accept numerical characters, and not alphabetical characters. Additionally, there is a limitation on the number of characters that may be entered on certain lines and sections. For this reason, Employer is unable to indicate its complete requirements on certain lines and sections. Employer therefore utilizes Part H, Line 14 of Form ETA 9089 to fully set forth the requirements of the position. Additionally, Form ETA 9089 is a legal document and as such the document must be considered in its entirety. For the foregoing reason we believe it is appropriate for the Employer to elaborate its minimum requirements on Part H, Line 14, as indicated in the following paragraphs.br br CLARIFICATION TO PART H, LINES 6 AND 6A AND PART J, LINE 18br br Please note that the structure of Form ETA 9089 distinguishes between experience in the job offered and experience in specific skills or other requirements. Part H, Lines 6 and 6A only seek to determine whether Employer requires experience in the job offered while Part H, Line 14 seeks to determine whether Employer requires knowledge or experience in specific skills or other requirements. In the current situation, employer does not require experience in the job offered of a Software Test Engineer Level II Part H, Lines 6 6A requirements. Therefore, Part H, Line 6 is correctly check marked No because that section only seeks to determine experience in the job offered, and not employers complete, holistic requirements for the position. In the same vein, please note that Part J, Line 18 is correctly check marked NA because that section also only seeks to determine whether Beneficiary satisfies the employers experience in the job offered requirement at Part H, Lines 6 and 6A. Although Employer does not seek any experience in the job offered, employer has other requirements. The Form ETA 9089 requires the Employer to list any other requirements at Part H, Line 14. Therefore, Employer sets forth its other requirements below.br br OTHER REQUIREMENTSbr br 5 years progressive post Baccalaureate experience in STLCSDLC, including 2 years of experience in the following technologies programming, databases, operating systems, and test automation tools such as QuickTest Pro, Load Runner, Winrunner, Selenium, SOATest, SOAP UI, JIRA, Quality Center, Performance Center.br br Alien beneficiary satisfies the experience requirements listed at Part H, Line 14 through prior experience shown at Part K Alien Work Experience.br br To determine experience, employer does not consider job titles, but job duties as dispositive on this issue.br br OCCUPATION TITLE CUT OFFNOT FULLY SHOWN ON PART F, LINE 3 DUE TO SPACE LIMITATIONbr br Software Quality Assurance Engineers Testers Computer Occupations, All Otherbr br ADDITIONAL INFORMATION REGARDING EMPLOYERbr br IT Division, Inc. conducts business under the trade name of Apeiro Technologies.

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

2021-01-22

SWA Job Order End Date

2021-04-09

Sunday Edition Newspaper

Y

First Newspaper Name

The Atlanta JournalConstitution

First Advertisement Start Date

2021-03-21

Second Newspaper Ad Name

The Atlanta JournalConstitution

Second Advertisement Type

Newspaper

Second Ad Start Date

2021-03-28

Employer Website From Date

2022-01-01 11:13:36

Employer Website To Date

2022-01-01 11:13:36

Professional Organization Ad From Date

2022-01-01 11:13:36

Professional Organization Advertisement To Date

2022-01-01 11:13:36

Job Search Website From Date

2021-02-10

Job Search Website To Date

2021-04-23

Employee Referral Program From Date

2022-01-01 11:13:36

Employee Referral Program To Date

2022-01-01 11:13:36

Local Ethnic Paper From Date

2021-03-24

Local Ethnic Paper To Date

2021-03-24

Radio/TV Ad From Date

2021-03-25

Radio/TV Ad To Date

2021-03-25

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

COMPUTER SCIENCE

Foreign Worker Years of Education Completed

2014

Foreign Worker Institution of Education

UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE

Foreign Worker Education Institution Address 1

9201 UNIVERSITY CITY BLVD.

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

CHARLOTTE

Foreign Worker Education Institution State/Province

NC

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

28223

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

Y

Employer Completed Application

N

Preparer Name

Ravi Mannam

Preparer Title

Attorney

Preparer Email

lawxpert@yahoo.com

Employer Information Declaration Name

Anil Kumar Nilagiri

Employer Information Declaration Title

VPHuman Resources