Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS MORENA ROCO, ERICZON MACARAYAN, FRANCISCO ABSIN, LEONOR LACSINA, ROGELIO RINGOR, MAMERTO S. EMBESTRO, WAREN GARCIA, ISAGANI C. LOPEZ, and WILLIAM F. TIU, EACH INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED vs. PLAINTIFFS Case No. 4:10-CV-30 STAR ONE STAFFING INTERNATIONAL, INC. STAR ONE STAFFING, INC., MARY JANE HAGUE, JOHN C. CARRUTHERS, and RUTH CARRUTHERS DEFENDANTS PLAINTIFFS’ THIRD AMENDED AND SUBSTITUTED COMPLAINT COME now Plaintiffs Morena Roco, Ericzon Macarayan, Francisco Absin, Leonor Lacsina, Rogelio Ringor, Mamerto S. Embestro, Warren Garcia, Isagani C. Lopez, and William F. Tiu, each individually and on behalf of others similarly situated, by and through their attorneys Holleman & Associates, P. A., and for their Third Amended and Substituted Complaint (hereinafter “Complaint”) against Defendants Star One Staffing International, Inc., Star One Staffing, Inc., Mary Jane Hague, John C. Carruthers and Ruth Carruthers (hereinafter “Defendants”), do state and allege as follows: JURISDICTIONAL STATEMENT 1. Plaintiff Morena Roco is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, she was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the Fair Labor Standards Act (hereinafter “FLSA”). 1 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 2 of 27 2. Plaintiff Ericzon Macarayan is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 3. Plaintiff Francisco Absin is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 4. Plaintiff Leonor Lacsina is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, she was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 5. Plaintiff Rogelio Ringor is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 6. Plaintiff Mamerto S. Embestro is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 7. Plaintiff Warren Garcia is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 8. Plaintiff Isagani C. Lopez is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly employee and non-exempt from the requirements of the FLSA. 9. Plaintiff William F. Tiu is a resident and citizen of Pulaski County, Arkansas. At all times relevant to this Complaint, he was employed by the Defendants and was classified as an hourly 2 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 3 of 27 employee and non-exempt from the requirements of the FLSA. 10. Defendant Star One Staffing International, Inc. (hereinafter “Star One International”), is a Florida corporation, with its principal place of business located in Miami, Florida. Star One International has the necessary minimum contacts to confer specific personal jurisdiction for the following reasons: 10.1 Star One International defrauded Plaintiffs into signing contracts which were to be and which have been largely if not exclusively within the State of Arkansas. 10.2 The causes of action set forth herein resulted, in whole or in part, from the fraud of Star One International in the State of Arkansas. 10.3 Star One International contracted with various country clubs in Arkansas to provide services and employees to the country clubs in the State of Arkansas. 10.4 Star One International has engaged in the conscious and purposeful exercise of the privilege of conducting business in the State of Arkansas. 10.5 Star One International has registered with the Arkansas Secretary of State. 10.6 The registered agent through which Star One International may be served is The National Registered Agents, Inc. of Arkansas, located at 455 West Maurice Street, Hot Springs, AR 71901. 11. Defendant Star One Staffing, Inc. (hereinafter “Star One”), is a Florida corporation, with its principal place of business located in Miami, Florida. Star One does not maintain registration with the Arkansas Secretary of State. However, Star One has the necessary minimum contacts to confer specific personal jurisdiction for all of the other reasons set forth in subparagraphs 6.1 through 6.4, above. The President and registered agent for service of process for Star 3 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 4 of 27 One is Mary Jane Hague, who may be served at 2414 Coral Way, 2nd Floor, Miami, Florida 33145 pursuant to Arkansas’ long arm statute.1 12. Defendant Mary Jane Hague (hereinafter “Hague”) is an individual residing in Miami, Florida. Hague may be served with process pursuant to Arkansas’ long arm statute2 at 2414 Coral Way, 2nd Floor, Miami, Florida 33145. As Hague is the President, Treasurer and a Director of Star One, as well as the President and a Director of Star One International, the latter of which maintains registration with the Arkansas Secretary of State. She has the necessary minimum contacts to confer specific personal jurisdiction. 13. Defendant John C. Carruthers is an individual residing in Miami, Florida. John C. Carruthers may be served with process pursuant to Arkansas’ long arm statute3 at 2414 Coral Way, 2nd Floor, Miami, Florida 33145. He has the necessary minimum contacts to confer specific personal jurisdiction as John C. Carruthers is an officer of Star One as well as the Secretary, Treasurer, a Director and an Owner of Star One International, which maintains registration with the Arkansas Secretary of State. 14. Defendant Ruth Carruthers is an individual residing in Miami, Florida. Ruth Carruthers may be served with process pursuant to Arkansas’ long arm statute, Ark. Code Ann. § 16-4-101, at 1009 Nautica Drive, Weston, Florida 33327. She has the necessary minimum contacts to confer specific personal jurisdiction as Ruth Carruthers is the Vice President, Secretary, and a Director and an Owner of Star One. 1 Ark. Code Ann. § 16-4-101. 2 Id. 3 Id. 4 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 5 of 27 15. Plaintiffs bring this lawsuit on behalf of themselves individually and on behalf of all other employees of Defendants4, whether past, present or future, who are classified as hourly employees and non-exempt from the requirements of the FLSA , but who were not compensated in accordance with applicable laws for three years prior to filing of this law suit. 16. Plaintiffs seek an action for declaratory judgment under 28 U.S.C. §§ 2201 and 2202 and for compensation and other relief under the FLSA, as amended, 29 U.S.C. §§ 215, 216(b) and 217. 17. At all times material herein, Plaintiffs have been entitled to the rights, protection and benefits provided under the FLSA. 18. Plaintiffs also seek to represent the collective class of all Filipino H-2B guest workers who were recruited by Star One5 three years prior to the filing of this cause of action law suit and who traveled/or were transported to the United States. 19. Jurisdiction of this action is conferred on the Court by 29 U.S.C. §§ 216(b), 217; 28 U.S.C. § 1331 and 28 U.S.C. § 1337. Venue lies within this district, pursuant to 28 U.S.C. § 1391. FACTUAL ALLEGATIONS 20. Star One recruited and recruits, and employed and employs, Filipino individuals, including, but not limited to, all of the named Plaintiffs, to work in Arkansas, as well as several other states, pursuant to H-2B visas. Star One promised Plaintiffs they would be treated fairly and 4 The term “Plaintiffs” refers to the Plaintiffs and other similarly situated current and/or former employees of Star One Staffing International, Inc., and Star One Staffing, Inc. 5 The term “Star One” refers to both Star One Staffing International, Inc. and Star One Staffing, Inc., unless the circumstances indicate that it is meant to refer to only Star One Staffing International, Inc. or Star One Staffing, Inc. 5 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 6 of 27 compensated in accordance with federal law. Star One promised Plaintiffs they would get at least 40 hours of work each week at specific job sites with a specific rate of pay. 21. Plaintiffs are guest workers who were brought into the United States through the federal government’s H-2B program to work in different country clubs and other food and beverage service industry establishments. 22. With the average income in the Philippines varying between $1,000.00 to $2,000.00 per year, some of the guest workers and their families went into debt to send Plaintiffs to work in the United States. For example, Plaintiff Morena Roco paid Star One over $9,000.00 in placement and legal fees in order for her to work in the United States. 23. Upon their arrival to the United States, Plaintiffs were informed that the specific jobs where they were supposed to work were no longer available. Instead, Plaintiffs were offered different jobs at a different rate of pay in Arkansas and other states. 24. Upon information and belief, in some instances Defendants failed to pay the return transportation costs of workers who did not accept different jobs, as they are required to do pursuant to 8 CFR § 214.2 (h)(6)(vi)(E). A number of Star One employees walked out and disappeared. Consequently, the Plaintiffs and those similarly situated had no choice but to accept new jobs at the different job sites with different rates of pay. 25. Pursuant to the requirements of 8 CFR § 214.2(h)(2)(i)(D), Defendants were required to file a new I-129 Petition for Change of Employer with the U.S. Citizenship and Immigration Service for each work location. Plaintiffs were forced to accept the aforementioned jobs at the new job sites. As a result of the Defendant’s failure to file the required petitions for change of employer, Plaintiffs were forced to work without valid legal authorization, displacing qualified American 6 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 7 of 27 workers and violating prevailing wage and hour and immigration laws. 26. Plaintiffs’ job duties included serving food and drinks, taking orders, and setting, bussing and clearing tables at country clubs and banquet/catering halls. In Arkansas, these duties were performed at various country clubs in Arkansas. 27. While employed by Defendants, Plaintiffs were provided housing6 and transportation to their job site(s)7, a charge for both of which were taken out of their wages. Deductions were taken in the years 2006 and 2007. In the subsequent years of 2008 and 2009, Star One provided the housing and transportation for free, but even in so doing failed to considered or treat these amounts as wages earned by Plaintiffs. 28. Additionally during their employment with Defendants, Plaintiffs were required to wear uniforms8 and use cell phones9 at work, the costs of which were also deducted from the Plaintiffs’ wages. 29. Plaintiffs did not receive prompt payment for their work pursuant to the requirements of the FLSA. While some Plaintiffs received cash advances before they were paid their wages, others worked for weeks and/or months before receiving compensation for their services. 30. Furthermore, pursuant to Defendants’ policies and procedures, Plaintiffs were required to attend training sessions. Plaintiffs were “employees” within the meaning of the FLSA for the purposes of said training sessions because their attendance was and is required by Defendants 6 Morena Roco’s Remittance Checks are attached hereto as Exhibit A. 7 Id. 8 Id. 9 Id. 7 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 8 of 27 for the immediate benefit of Defendants, and is directly related and specific to the employees’ employment with Defendants. 31. For example, Plaintiff Morena Roco was a team leader for H-2B waiters assigned in Arkansas. She was required to provide training to other H-2B waiters approximately once per week for two hours or more and was not compensated for this time pursuant to the requirements of the FLSA. 32. When Plaintiffs finally got paid, they received little in net wages because of the large amount of money Defendants deducted from their gross wages for housing, food, uniforms, cell phones and transportation. For example: 33. 32.1 Plaintiff Morena Roco worked 22.75 hours at a rate of $7.42 per hour from July 27, 2009 up to and until August 2, 2009. Her net pay for almost 23 hours of work was $3.63.10 32.2 Plaintiff Morena Roco worked 43 hours at a rate of $7.42 per hour from July 23, 2009 up to and until July 30, 2009. Her net pay for 43 hours of work was $45.94.11 Defendants deducted the following amounts from Plaintiffs’ wages (hereinafter referred to as “illegal deductions”): 10 Id. 11 Id. a. $100.00 per week for housing; b. $60.00 per week for transportation; c. $40.00 per week for food; d. $70.00 for uniforms ($40.00 for a vest, $20.00 for shirts, and $10.00 for an apron); and e. $50.00 for cell phone (when they were required). 8 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 9 of 27 34. As a result of illegal deductions, Plaintiffs were not paid all of their wages in a timely manner, nor were they paid at the wage rate Defendants agreed to pay them. 35. The weekly total for the wage deductions resulted in a reduction of the wages paid to Plaintiffs fell below the minimum wage rate set forth in and required by the FLSA, 20 U.S.C. § 203(m). 36. Credit in amount equal to the value of the illegal deductions was not included in the calculation of overtime wages, pursuant to the requirements of the FLSA. 29 U.S.C. § 207 (e). As a result Plaintiffs were not fully compensated for all of the hours of overtime they worked. 37. Plaintiffs were required to pay “placement fees” to come to the United States to engage in the assigned jobs given to them by the Defendants under the H-2B program. 8 U.S.C. 1101 (a)(15)(H)(ii)(b). At no time did Defendants reimburse Plaintiffs in full for these “placement fees,” which fees included the cost of obtaining visa application and issuance fees, transportation costs and border crossing fees, all of which were incurred by Plaintiffs in order to come work specifically for Defendants herein, making these costs and fees an incident of Plaintiffs’ employment with Defendants and were primarily for the benefit or convenience of Defendants. 38. Plaintiffs had an express, constructive and/or implied agreement that Defendants would pay them wages at the rate required by the applicable federal and/or state law when said wages were due for each hour or part of an hour Plaintiffs performed compensable work under the FLSA for Defendants. 39. Defendants breached the aforementioned agreements by withholding pay, making illegal deductions, not including said illegal deductions in the calculation of wages and paying a different rate of pay than that which Plaintiffs had agreed to before traveling to the United States, 9 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 10 of 27 all of which were in violation of the FLSA. Defendants also breached agreements by failing to file the necessary and proper petitions for change of employer in compliance with 8 C.F.R. §214.2(h)(2)(i)(D). 40. Plaintiffs anticipate that Defendants brought somewhere between 100 to 200 similarly situated guest workers pursuant to the H-2B visa program to work in the State of Arkansas and other states during the time period relevant to the allegations herein above. NEW YORK INVESTIGATION 41. In April of 2008, the Attorney General of the State of New York started an investigation against Defendants for repeated and persistent illegality by: 1) making prohibited deductions from the wages of guest workers from the Philippines who were employed by Defendants to work at country clubs and other food and beverage services industry establishments in New York; 2) failing to pay employees wages for the full amount of hours worked; 3) failing to pay employees overtime at the required rate, and 4) failing to pay employees earned wages within the time limits.12 The Attorney General of the State of New York sought relief from April 2002 until the date of filing petition.13 42. On November 5, 2008, the parties to the Petition stipulated and agreed to settle and resolve the investigation by entering into Assurance of Discontinuance.14 Under the terms of the Assurance, Defendants agreed to pay the sum of $113,454.00 in full settlement of investigation.15 12 Petition is attached hereto as Exhibit B. 13 Id. 14 Assurance of Discontinuance is attached hereto as Exhibit C. 15 Id. 10 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 11 of 27 43. Star One agreed to comply with all provisions of the New York Labor Law in the operation of its business.16 Star One also agreed to monitor their compliance with the New York Labor Law and regulations by providing the Attorney General of the State of New York starting January 10, 2009, and January 10, 2010 with (1) a complete set of time records and payroll records for all persons employed by Star One in the State of New York, and (2) documents related to H-2B visas.17 44. Star One agreed to: (1) not make deductions from its employees’ wages or charge its employees by separate transaction for housing, food and/or transportation costs, except where authorized by New York Law; (2) pay any non-exempt employee who works more than forty hours in a week overtime pay at one and one half times his or her regular rate of pay; (3) pay its employees weekly; and (4) pay its employees their full, lawful earned wages for all hours worked, including any hours spent in “training.”18 45. Upon information and belief, Defendants have been engaged in and will continue to engage in ongoing violations of the FLSA, including illegal deductions, paying to employees less than minimum wage, not including deductions in calculation of wages, and paying at a different rate than was agreed prior to employees’ arrival in the United States. Plaintiff Morena Roco’s Remittance Checks19 demonstrate that Star One completely, decisively and intentionally breached the terms of the Assurance of Discontinuance. This is direct evidence of the willfulness pursuant 16 Id. 17 Id. 18 Id. 19 See Exhibit A. 11 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 12 of 27 to 29 U.S.C. § 255 of the FLSA thereby subjecting Defendants to a three year statute of limitations and liquidated damages. FLSA COLLECTIVE ACTIONS ALLEGATIONS 46. Claims for damages based on breach of contract, fraud, and promissory estoppel in the alternative, are brought by the Class Representative Plaintiffs on behalf of themselves and all of those similarly situated, namely, former and current employees of Defendants for the past three years prior to the filing of this cause of action. 47. All claims for damages are brought by the Class Representative Plaintiffs as a Collective Action pursuant to 29 U.S.C. § 216(b). 48. At all relevant times, Defendants employed Plaintiffs for the purposes of the FLSA, 29 U.S.C. § 203. 49. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the preceding paragraphs as if fully set forth herein. 50. All claims set forth in the FLSA Collective Action Allegations are brought against Defendants by the Class Representative Plaintiffs on behalf of themselves and all other similarly situated persons pursuant to the collective action provisions of 29 U.S.C. § 216(b) of the FLSA. 51. The Class Representative Plaintiffs seek to represent an FLSA Class consisting of all Filipino H-2B guestworkers employed by Defendants at any time from January 18, 2007, up to and through the present, and until the time of the trial of this matter. 52. The proposed FLSA Class Members are similarly situated in that they have been subject to uniform practices by Defendants which violated the FLSA, including: a. Defendants’ systematic unlawful payroll deductions for housing, transportation, uniforms, cell phones, and food; 12 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 13 of 27 53. b. Defendants’ workforce-wide failure to reimburse Class Members for travel, immigration processing, visa, recruitment, and other immigration-related expenses; c. Defendants’ workforce-wide failure to pay Class Members all of their wages when due at the wage rate that Defendants had initially agreed to pay them; d. The weekly total for the wage deductions resulted in reduction of wages paid to Class Members below the minimum wage rate required by the FLSA, 29 U.S.C. § 203(m); e. The cost of illegal deductions were not included in calculation of overtime wages, pursuant to the requirements of the FLSA. 29 U.S.C. § 207 (e). As a result, Class Members were not fully compensated for all of the hours of overtime they worked; and f. Defendant’s failure to provide the Plaintiffs with at least forty (40) hours of work, at the rate of pay stated and guaranteed during the time periods covered by each respective Temporary Labor Certification Applications and Applications for Alien Employment Certifications. In the alternative, based upon Arkansas contract law and the principles of unjust enrichment and promissory estoppel, the Defendants made assurances to the Plaintiffs related to employment opportunities in the United States. The Plaintiffs reasonably relied on the Defendants’ assurances and acted in reasonable reliance, all to their detriment. The Plaintiffs’ reliance and performance inured to the benefit of the Defendants, and the Defendants were unjustly enriched. Enforcement of the Defendants’ “promises” is the only way injustice can be avoided. 54. The named Plaintiffs assert this claim for damages and declaratory relief pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. 55. Defendants violated 29 U.S.C. § 206 by failing to pay Plaintiffs and others similarly 13 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 14 of 27 situated the applicable minimum wage for every compensable hour of labor they performed. 56. Defendants violated 29 U.S.C. § 207 by failing to pay Plaintiffs and others similarly situated the applicable overtime wage for every compensable hour of labor they performed. 57. The violations of the FLSA set out above resulted from Defendants’ illegal deductions from the wages of Plaintiffs and others similarly situated. 58. Defendants’ failure to pay Plaintiffs and others similarly situated their federally mandated minimum and overtime wages were willful violations of the FLSA within the meaning of 29 U.S.C. § 255(a). 59. As a consequence of Defendants’ violations of the FLSA, Plaintiffs and others similarly situated are entitled to recover their unpaid minimum and/or contractual and overtime wages, plus an additional equal amount in liquidated damages, costs of suit, and reasonable attorneys’ fees pursuant to 29 U.S.C. § 216(b). 60. At all relevant times, Defendants have been, and continue to be, “employers” engaged in interstate “commerce” and/or in the production of “goods” for “commerce,” within the meaning of the FLSA, 29 U.S.C. § 203. At all relevant times, Defendants have employed and/or continue to employ “employee[s],” including Plaintiffs and each of the prospective FLSA Collective Action Plaintiffs, who have been and/or continue to be engaged in interstate “commerce” and/or in the production of “goods” for “commerce,” within the meaning of the FLSA, 29 U.S.C. § 203. 61. Plaintiffs in this action have signed Consent to Sue forms pursuant to § 16(b) of the FLSA, 29 U.S.C. §§ 216(b) and 256. Other individuals will sign consent forms and join as Plaintiffs in this claim in the future. 62. Defendants violated and continue to violate the FLSA, 29 U.S.C. § 201, et seq., 14 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 15 of 27 including 29 U.S.C. §§ 207(a)(1) and 215(a). These violations of the FLSA were knowing and willful within the meaning of 29 U.S.C. § 201, et seq. 63. The precise number of individuals in the Class specifically described above is known only to Defendants, but the Class is believed to consist of 100 to 200 individuals. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT 18 U.S.C.§ 1962(c) and 18 U.S.C.§ 1962(d) 64. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the preceding paragraphs as if fully set forth herein. 65. Plaintiffs’ and other Class Members’ claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-68 (“RICO”), are brought against all Defendants. 66. Plaintiffs and other Class Members are “persons” with standing to sue within the meaning of 18 U.S.C. § 1964(c). 67. Each of the several defendants is a “RICO person” within the meaning of 18 U.S.C. §1963(1). 68. All Defendants named herein, Andrew Hague and the United States Consular officers in the Phillippines constitute an association-in-fact, and therefore an enterprise (the “RICO Enterprise”), within the meaning of 18 U.S.C. § 1964(4). Judge Andrew Hague traveled to Philippines for and on behalf of Separate Defendant Star One Staffing Inc.20 As Judge Hague stated in his letter to US Ambassador to the Philippines: For and in behalf of Star One Staffing and J.E.S. International Manpower Corporation, I am respectfully requesting your kind assistance in scheduling for an early group interview of its Filipino Overseas Worker Applicants. . . 20 The Letter from Judge Andrew Hague to Hon. Ambassador Kristie Kenney, on October 13, 2006, is attached hereto as Exhibit D. 15 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 16 of 27 I just arrived last night from the States specifically for this particular purpose. I need to assist STAR ONE STAFFING based in Miami, Florida to facilitate the early group interview of their Filipino Worker applicants for placement and deployment to Miami, Florida. Fortunately, I learned that you are recently assigned here in the Philippines and through some Filipino friends and business associates, I was informed that you still remember me. I graduated from the same University (Tulane University) in 1978, where you receieved your Master’s Degree. . . I will probably need your kind assistance in this matter. . .21 The letter was sent from Judge Hague’s personal email on October 13, 2006.22 On October 18, 2006, his wife Mary Jane Hague sent another letter to the United States Embassy in Philippines, requesting an interview with the Embassy.23 The fact of Judge Hague’s personal involvement in the recruitment and visa process of Filipino workers clearly establish that there was an agreement between the Defendants, Andrew Hague, and the U.S. Consular officers in the Philippines. The parties objectively manifested agreement to participate in placement and deployment of the Filipino Worker applicants. 69. The RICO Enterprise is an ongoing business relationship between all of the named Defendants, Andrew Hague and the United States Consular officers in the Phillippines, with the common purpose of recruiting, transporting, providing, processing, and obtaining foreign workers to work in different country clubs and other food and beverage service industry establishments in different states, including Arkansas. 70. 21 Id. 22 Id. 23 Id. The RICO Enterprise is engaged in interstate commerce, in that its activities and 16 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 17 of 27 transactions relating to the international and interstate movement of workers affect interstate commerce and frequently require travel and communications across state and international lines. 71. The RICO Enterprise is an on-going business relationship with the common purpose of selling work opportunities to Filipino workers to convince such workers to pay high fees and to travel to the United States to work for companies including Star One and Star One International. 72. The members of RICO Enterprise function as a continuing unit with a structure for decision-making. 73. Defendants conducted or participated in, and/or conspired to conduct or participate in the affairs of the RICO Enterprise through a pattern of numerous acts of racketeering activity in violation of 18 U.S.C. § 1962(c) and 18 U.S.C. § 1962(d), related by its common goal to recruit, obtain, transport, process, and provide workers through the use of fraudulent promises and exorbitant fees. 74. Specifically, Defendants conducted or participated in and/or conspired to conduct the affairs of the RICO Enterprise by engaging in the following predicate acts of racketeering activity under 18 U.S.C. § 1961(1): a. Immigration document fraud in violation of 18 U.S.C. § 1546 (relating to fraud and the misuse of visas, permits and other documents); see also 8 C.F.R. §214.2(h)(6)(B)(vi); b. Interstate and foreign travel to further its unlawful scheme in violation of 18 U.S.C. § 1952; c. Mail fraud to further its unlawful scheme in violation of 18 U.S.C. § 1341; and d. Wire fraud to further its unlawful scheme in violation of 18 U.S.C. § 1343. 75. The RICO Enterprise engages in recruiting for work in the United States by making fraudulent promises and charging exorbitant fees for its recruitment and immigration services. 17 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 18 of 27 Immigration Document Fraud: 18 U.S.C. § 1546(a) 76. As is set forth in the preceding paragraphs, Defendants in the RICO Enterprise submitted false and fraudulent documents in support of H-2B visa applications to U.S. Citizenship and Immigration Services and the U.S. Department of Labor (“USDOL”).24 Employers seeking to hire employees on H-2B visas must first submit an application for temporary labor certification, known as an Application for Alien Employment Certification (referred to as “ETA 750"), to the applicable state workforce agency and the USDOL for approval.25 In such applications, Defendants certified under penalty of perjury that “The job opportunity’s terms, conditions and occupational environment are not contrary to Federal, State or local law.”26 These documents were filed electronically and/or submitted in a paper form to U.S. Citizenship and Immigration Services.27 These documents also state specific dates of filing, and are signed by Mary Hague.28 77. These willful, knowing and intentional acts constitute immigration document fraud in violation of 18 U.S.C. § 1546(a). Unlawful Acts In Support of Racketeering Enterprises Through Interstate and Foreign Travel: 18 U.S.C. § 1952. 78. As set forth in the preceding paragraphs, Defendants in the RICO Enterprise regularly 24 See 20 C.F.R. Part 655, governing the labor certification process with which employers must comply in order to obtain an H-2B visa; 8 C.F.R. § 214.(h)(1)(D); and 20 C.F.R. §§ 655.0 to 655.4. 25 Id. 26 See Form I-129, and the Notice of Action signed by Mary Hague, attached hereto as Exhibit E. 27 Id. 28 Id. 18 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 19 of 27 engaged in and/or conspired to engage in interstate and foreign travel with the intent of carrying on its unlawful activities. 79 Defendants in the RICO Enterprise frequently engaged in interstate and/or foreign travel to effectuate the fraudulent schemes discussed hereinabove. 80. These willful, knowing and intentional acts violated 18 U.S.C. § 1952. Pattern of Related Racketeering Acts 81. Defendants have engaged in the racketeering activity described in this Claim repeatedly with respect to the 100 to 200 Filipino H-2B workers employed by Defendants and working in the State of Arkansas and other states. 82. The racketeering activity committed by Defendants continues presently as the RICO remains engaged in activities to fraudulently recruit workers in the Phillippines and exploit them in the United States. 83. Defendants rely on the racketeering acts described in this Complaint to conduct their regular business activities. Through these racketeering activities, Defendants have successfully sought to profit from the fraudulent recruitment of Plaintiffs and other Class Members, and to continue to recruit, obtain, provide and maintain a consistent and uncomplaining Filipino H-2B guest worker labor force at Defendants’ operations. 84. Defendants’ acts are a direct and proximate cause of injuries to Plaintiffs and other Class Members, including, but not limited to, the payment of high fees, assumption of significant interest bearing debt, loss of real and personal property, lost work opportunities, lost or unpaid wages and additional legal fees. 85. As set forth in the preceding paragraphs, the racketeering acts have similar participants: all of the Defendants. Defendants directed their racketeering activities at similar 19 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 20 of 27 victims: Filipino workers who contacted Defendants in search of stable employment in the United States. 86. Defendants’ acts have similar methods of commission, such as common recruitment tactics, relatively consistent practices with respect to collecting payments from Plaintiffs and other Class Members, and use of similar employment practices and policies with respect to Plaintiffs and other Class Members. Mail Fraud: 18 U.S.C. § 1341 87. As is set forth in the preceding paragraphs, Defendants in the RICO Enterprise made and/or conspired to make false promises regarding employment contracts and other benefits in a scheme calculated to defraud Plaintiffs out of large sums of money. 88. As is set forth in the preceding paragraphs, Defendants in the RICO Enterprise used the United States Postal Service on numerous occasions to further this fraudulent scheme. 89. These willful, knowing, and intentional acts constitute mail fraud in violation of 18 U.S.C. § 1341. Wire Fraud: U.S.C. § 1343 90. As is set forth in the preceding paragraphs, Defendants in the RICO Enterprise made and/or conspired to make false promises regarding employment contracts and other benefits in a scheme calculated to defraud Plaintiffs out of large sums of money. 91. As is set forth fully in the preceding paragraphs, Defendants in the RICO Enterprise used wire communications via telephone, fax, and/or email on numerous occasions to further this scheme. 92. These willful, knowing, and intentional acts constitute wire fraud in violation of 18 U.S.C. § 1343. 20 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 21 of 27 Injury 93. As a direct and proximate result of Defendants’ willful, knowing and intentional acts discussed in this section, Plaintiffs have suffered injuries to their property and/or business, including but not limited to: exorbitant fees paid by Plaintiffs for visas and other immigration and recruitment-related services; interest on debts assumed by Plaintiffs to pay such fees; losses of personal and real property incurred in reliance on Defendants’ fraudulent acts; lost and unpaid wages; lost employment opportunities, and other pecuniary and/or losses to real or personal property. 94. Plaintiffs are entitled to an award of damages in an amount to be determined at Trial, including, but not limited to, treble damages and attorneys’ fees and all costs associated with this action. FRAUD AND NEGLIGENT MISREPRESENTATION 95. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the preceding paragraphs. 96. As is set forth in the preceding paragraphs, Defendants, individually and through their agents, employees and/or representatives knowingly and/or negligently made materially false and untrue statements and representations to Plaintiffs and other Class Members regarding the nature and terms and conditions of applications and opportunities for immigration status and employment in the United States. 97. As is set forth in the preceding paragraphs, Defendants knowingly or negligently failed to disclose material facts to Plaintiffs and other Class Members regarding the nature, terms and conditions of applications and opportunities for immigration status and employment in the United States. 98. Defendants intended the false statements made by Defendants and/or its agents, 21 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 22 of 27 employees and/or representatives would induce Plaintiffs and other Class Members to pay the large fees requested by Defendants. 99. Defendants intended the false statements made by Defendants and/or its agents, employees and/or representatives would persuade Plaintiffs and other Class Members to leave their homes and jobs in the Phillippines and travel to the United States to work for Defendants. 100. Plaintiffs and other Class Members reasonably relied on the representations of Defendants and/or its agents, employees and/or representatives and had no reason to believe that these representations were false. 101. Plaintiffs and other Class Members were entitled to rely on Defendants’ representations. 102. As a direct and proximate result of Defendants’ knowing, willing, intentional and/or negligent actions, Plaintiffs and other Class Members have been injured. 103. In reasonable reliance on Defendants’ false and/or negligent representations regarding employment opportunities, Plaintiffs and other Class Members paid large sums of money to Defendants. 104. In reasonable reliance on Defendants’ false and/or negligent representations regarding employment opportunities, Plaintiffs and other Class Members incurred substantial interest-bearing debts in order to pay recruitment, immigration-related, and travel fees charged by Defendants and its agents, employees and/or representatives. 105. In reasonable reliance on Defendants’ false and/or negligent representations regarding employment opportunities, Plaintiffs and other Class Members sold personal and real property and surrendered employment opportunities in the Phillippines. 22 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 23 of 27 106. Plaintiffs and other Class Members are entitled to recover compensatory and punitive damages in an amount to be proven at Trial. BREACH OF CONTRACT 107. Plaintiffs re-allege and incorporate by reference each and every allegation contained in the preceding paragraphs as if fully set forth herein. 108. As is set forth in the preceding paragraphs, Defendants, individually and through their agents, employees and/or representatives, offered to obtain H-2B guest worker immigration status for Plaintiffs and other Class Members in the United States under certain terms and conditions, in exchange for Plaintiffs’ and other Class Members’ payment of fees to Defendants and its employees, agents and/or representatives. 109. Plaintiffs and other Class Members accepted Defendants’ offers and paid the agreed-upon fees. 110. Defendants failed to comply with its obligations under the contractually-binding agreements entered into with Plaintiffs and other Class Members. 111. In reasonable reliance on these agreements, Plaintiffs and other Class Members paid large sums of money and undertook substantial debts, surrendered other employment opportunities and incurred other financial losses. 112. As a direct result of Defendants’ breach, Plaintiffs and other Class Members have suffered damages. 113. Plaintiffs and other Class Members are entitled to recover compensatory damages in an amount to be proven at Trial. 114. In the alternative, based upon the facts stated herein above, and in accordance with 23 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 24 of 27 contractual law in the State of Arkansas, the principles of unjust enrichment and promissory estoppel mandate judgment in favor of Plaintiffs. Defendants herein clearly made a promise or promises to Plaintiffs and Class Members related to employment opportunities in the United States. Plaintiffs and other similarly situated reasonably relied on Defendants’ promises and acted in reasonable reliance thereon to their detriment. Plaintiffs’ reliance and performance enured to the benefit of Defendants, and Defendants were enriched thereby. The enrichments was unjust. Enforcement of the promises is the only way injustice can be avoided. PRAYER FOR RELIEF 115. Plaintiffs request the following relief: A. Preliminarily certifying the claims set forth in the FLSA Collective Action Allegations as a Collective Action pursuant to 29 U.S.C. § 216(b); B. Declaratory judgment, declaring that Defendants have willfully and wrongfully violated their statutory obligations and deprived the Plaintiffs and others similarly situated of their rights, protections and entitlements under law as alleged in the Plaintiffs’ Complaint; C. Injunctive relief; D Compensatory damages; E. Punitive damages; F. Treble damages as authorized by RICO, 18 U.S.C. § 1964(c) G. Liquidated damages as authorized by the FLSA, 29 U.S.C. § 216; H. An award of prevailing party costs, including attorneys’ fees; and I. Such other relief as the Court deems just and appropriate. 116. Plaintiffs further request the Court to enter a permanent injunction, restraining and 24 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 25 of 27 preventing Defendants from withholding the compensation that is due each of Plaintiffs and from further violating their rights under the law. 117. Additionally, Plaintiffs ask that the Court order a complete and accurate accounting of all the compensation to which Plaintiffs are entitled as well as provide a complete listing of the names and addresses of all those employees who are similarly situated as described above, all at the expense of Defendants. 118. Plaintiffs ask this Court to award them monetary damages in the form of back-pay compensation, liquidated damages equal to their unpaid compensation, plus interest. This will be for the named Plaintiffs and all others similarly situated. 119. Plaintiffs further ask the Court to award them their attorneys’ fees, and their costs and expenses and disbursements in pursuing this cause of action for the named Plaintiffs and all those similarly situated. DEMAND FOR JURY TRIAL 120. Plaintiffs demand a Trial by Jury upon all issues herein. 25 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 26 of 27 WHEREFORE, premises considered, all Plaintiffs, each individually and on behalf of others similarly situated, respectfully asks that the named Defendants Star One Staffing International, Inc., Star One Staffing, Inc., Mary Jane Hague, John C. Carruthers and Ruth Carruthers be summoned to appear and answered herein; for Collective Action Certification pursuant to 29 U.S.C. §216(b) of the Federal Labor Standards Act; for judgment in an amount to be proven at a Trial before a Jury; for all attorney’s fees and all costs incurred herein; and for all other good and proper relief to which they may be entitled, whether or not specifically requested herein. Respectfully Submitted, PLAINTIFFS MORENO ROCO, ERICZON MACARAYAN, FRANCISCO ABSIN, LEONOR LACSINA, ROGELIO RINGOR, MAMERTO S. EMBESTRO, WAREN GARCIA, ISAGANI C. LOPEZ, and WILLIAM F. TIU, EACH INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED HOLLEMAN & ASSOCIATES, P.A. 200 West Capitol Avenue, Suite 1620 Little Rock, AR 72201 Telephone: (501) 975-5040 Facsimile: (501) 975-5043 By: /s/John T. Holleman John T. Holleman, ABN 91056 Jholleman@johnholleman.net Maryna O. Jackson, ABN 2009111 Maryna@johnholleman.net 26 Case 4:10-cv-00030-DPM Document 65 Filed 09/01/10 Page 27 of 27 CERTIFICATE OF SERVICE I, John T. Holleman, do hereby certify that a true and correct copy of the foregoing document has been delivered via CM/ECF this the 1st day of September, 2010, to the following attorneys: Vincent O. Chadick vchadick@bassettlawfirm.com Marlene Quintana marlene.quintana@gray-robinson.com By: 27 /s/John T. Holleman John T. Holleman, ABN 91056 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 1 of2788of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 2 of2888of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 3 of2988of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 4 of3088of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 5 of3188of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 6 of3288of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 7 of3388of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 8 of3488of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document 1-2 65-1 Filed Filed01/19/2010 09/01/10 Page Page 9 of3588of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 10 of 3688 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 11 of 3788 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 12 of 3888 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 13 of 3988 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 14 of 4088 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 15 of 4188 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 16 of 4288 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 17 of 4388 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 18 of 4488 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 19 of 4588 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 20 of 4688 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 21 of 4788 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 22 of 4888 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 23 of 4988 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 24 of 5088 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 25 of 5188 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 26 of 5288 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 27 of 5388 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 28 of 5488 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 29 of 5588 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 30 of 5688 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 31 of 5788 of 77 Case Case Case 4:10-cv-00030-WRW 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 165-1 Filed Filed Filed01/19/2010 01/19/2010 09/01/10 Page Page Page 3258 of 58of 88 of77 77 provided, however, that if the severance of any such provision shall materially alter the rights or obligations of the parties hereunder, they shall, through reasonable, good faith negotiations, agree upon such other amendments hereto as may be necessary to restore the parties as closely as possible to the relative rights and obligations initially intended by them hereunder. 17. This Assurance constitutes the entire agreement among the parties, and no representations, warranties, or inducements have been made by any party hereto concerning this Assurance and its exhibits other than those contained and memorialized in such documents. 18. Star One Staffing, Inc., Star One Staffing International, Inc., their officers, directors, and owners including, but not limited to Roberto Villanueva, Mary Jane Hague, John C. Carruthers, and Ruth Camlthers acknowledge that they have been represented at all times during the settlement negotiations by Susan N. Eisenberg, Esq., Akerman Senterfitt, 1 S.E. 3rd Ave., 25th Floor, Miami, FL 33131, and that they have reviewed this Assurance with their counsel, Susan N. Eisenberg, Esq., prior to execution oftbe Assurance, and have been advised of their right to consult with other independent counsel of their choosing. 19. This Assurance may be signed in counterparts but collectively shall constitute a single agreement. 20. This Assurance, consisting of fourteen (14) pages and jurat pages and exhibits thereto, constitutes the entire agreement between Star One Staffing, Inc., Star One Staffing International, Inc., their officers, directors, and owners including, but not limited to Roberto Villanueva, Mary Jane Hague, John C. Carruthers, 12 Case Case Case 4:10-cv-00030-WRW 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 165-1 Filed Filed Filed01/19/2010 01/19/2010 09/01/10 Page Page Page 3359 of 59of 88 of77 77 · and Ruth Carruthers and the Attorney General. This Assurance cannot be modified other than in writing signed by all parties. AND FURTHER, the Attorney General accepts this Assurance pursuant to Section 63, Subdivision 15 of the Executive Lawin lieu of commencing a judicial proceeding pursuant to Executive Law Section 63, Subdivision 12 and in settlement of all claims that may be raised by the Attorney General against Star One Staffing, Inc., Star One Staffing International, Inc., their officers, directors, and owners including, but not limited to Roberto Villanueva, Mary Jane Hague. John C. Carruthers, and Ruth Carruthers concerning the violation of the Wage and Hour Laws, on behalf of any Star One Employee who worked for Star One Staffing, Inc., Star One Staffing International, Inc., their officers, directors, and owners including, but not limited to Roberto Villanueva, Mary Jane Hague, John C. Carruthers, and Ruth Carruthers during the Covered Period. In the event that Star One Staffing, Inc., Star One Staffing International, Inc., Roberto Villanueva, Mary Jane Hague, John C. Carruthers, and/or Ruth Carruthers fail to comply with the terms of this Assurance, the Attorney General reserves the right to bring enforcement proceedings regarding the above matter. AND FURTHER, upon sigining of this Assurance, the Attorney General agrees it has not and will not criminally prosecute any of the named individuals or corporate defendants for conduct that is the subject matter of this Assurance, specifically, failure to pay wages or overtime, deductions from wages, failure to make timely wage payments during the Covered Period. [The remainder ofthis page intentionally left blank] 13 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 34 of 6088 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 35 of 6188 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 36 of 6288 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 37 of 6388 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 38 of 6488 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 39 of 6588 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 40 of 6688 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 41 of 6788 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 42 of 6888 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 43 of 6988 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 44 of 7088 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 45 of 7188 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 46 of 7288 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 47 of 7388 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 48 of 7488 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 49 of 7588 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 50 of 7688 of 77 Case Case 4:10-cv-00030-WRW 4:10-cv-00030-DPM Document Document1-2 65-1 Filed Filed 01/19/2010 09/01/10 Page Page 51 of 7788 of 77 Case Document 65-1 Filed 09/01/10 Page 52 of 88 13 October 2006 HON. AMBASSADOR KRISTEE KENNEY US Ambassador to the Philippine Philippine Embassy, Manila Dear Ambassadbr Kenney; For and in behalf of STAR ONE STAFFING AND J.E.S. INTERNATIONAL MANPOWER CORPORATION I am respectfully requesting for your kind assistance in scheduling for an early group interview of its Filipino Overseas Worker applicants with duly approved petition of issuance of Visa. I just arrived last night from the States specifically for this particular purpose. I need to assist STAR ONE STAFFING based in Miami, Florida to facilitate the eariy group interview of their Filipino Worker applicants for placement and depioyment to Miami, Florida. Fortunately, i teamed that you are recently assigned here in the Philippines and through some friends and business associates, was informed that you stiil remember me. I graduated from the same University (Tulane University) in @978 ,where you received your Master?s Degree. I returned there in 1979 for Law Schooi. was also the State Attorney?s Office Liaison to the Secret Service and State Department in 1994 for the Summit of the America. l?il probably need your kind assistance in this matter. thus I am requesting for an official appointment with you to personaliy discuss with you this matter at your convenient time in your office. Thank you very much for your immediate attention and action. Very truly yours,? JUDGE ANDREW HAGUE Email Add: ?Andrew Hague? EXHIBIT 5 Case Document 65-1 Filed 09/01/10 Page 53 Of 88 U.S. Department of Justice Immigration and Naturaiization Service Notice of Action ?1?1 CASE TYPE I 1 2 nECEn'r Ntmuok . PETITION FOR A NONIMMIGRANT WORKER DATE DATE PETITIONER september 9' STAR ONE STAFFING INC NOTICE DATE PAGE September 27, 20061 of 4 Notice Type: Approval Notice Glaser'HZB Valid frOm 10/01/2006 to 07/31/2007 LILIANA J. CUEVA ESQ LAW OFFICES OF LILIANA CUEVA PA 2414 CORAL WAY SUITE #1 MIAMI FL 33145 The above petition has been approved, and notification?haA heen? ant to the listed consulate. You may also send the tear-oft bottom part of Erin notlce .0 the woxkorisi to Please contact the oonsulate with any questions about'visa issuahtt. FORM 15 NOT A Visa aN NO 133 DEED LN PLACE OF A VISA. e_granted status based on this petition they can 'Petition approval does not authorize employment. when for the period authorized. Please contact the then work for the petitioner, but only as detailed 1 -IRS with any questions about tax withholding. ave us notify another consulate of this approval. If ?e a new Form to seek to change or extend their any of the workers are already in the 0.8. the petitions a new petition. ?Include a copy of this notice with status based on this petition. Changes in employment a any other required documentation. lIy enter the United States, substitutions of different If any of the workerts) included in this petition do? a the allocated nonimmigrant visa numbers can be re?used. workers are not made, the petitioner must notify thi mmigration status and does not guarantee that the alien The approval of this visa petition does not in itsei a a. fof admission to the United States. or for an .b?neficiary will subsequently be found to he eligibi extension. change, or adjustment of status. ?Number of workers: 31 Name . - DOE COB - . Class Consulate or POE OCC Code AUINOAN, JOSE JR BOBIS 05/21/1970 PHILIPPINES . 1 H?zs MANILA 430 Pleasesce the additional information on Ithe back. You wiil? be noti?ed separatelyvabout any?other cases you filed. IMMIGRATION 8c NATURALIZATION SERVICE . VERMONT SERVICE CENTER Iii-i tass?ea ?$319010: Poms Poem? '75 LOWER WELDEN STREET r'v'n'v?a'fr? nth-un?t" fin/I'M) u? 'v?udul Eustomo;mSH-;rvice Telephone: Form I797B (Rev. 09f07/93)N (300) 375-5233 consulate abroad. or if no visa is required. when appiying for admission to the - .. 1.. ?The alien may use this portion en applying fer a visa at an America Case Type: 1129 Petitioner: STAR ONE STAFFING INC Number of Workers: 31 Receiptii: v- 51719? Notice Date; September 27; 2006 Petition Validity Dates: 10/01/2006 through 07/31/2007 ?Name DOB COB Class Consulate or POE OCC Code AUINGAN, JOSE JR BOBIS 05/21/1970 PHILIPPINES HEB MANILA '430 BACANI, TRIS LESTER DE GUZMAN 10/26/1931 PHILIPPINES H23 MANILA 430 ROBERT SALMASAN 07/24/1967 PHILIPPINES - H23 MANILA 43o BIAZON, JENET ESGUERRA 05/17/1963 PHILIPPINES H28 MANILA 430 CASTILLO, MICHELLE DE 05/10/1977 PHILIPPINES H28 MANILA 430 CELIS, RODERICK CLAVERIA 04/23/1973 PHILIPPINES Has, MANILA 430 COLLADA, SHERYL 04/17/1977 PHILIPPINES HEB MANILA 7130 CRISOLO, ROLAND ANGELO YRASTORZA 10/28/1985 PHILIPPINES H213 MANILA 430 CRUZ, CARLITO JUAN OCHAVILLO 12/27/1966 PHILIPPINES HEB MANILA 430 DALID, BRYAN TRINIDAD 08/10/197]. PHILIPPINES H213 MANILA 430 Form 1797B (Rev. ?Case Document 65-1 Filed 09/01/10. Page 54 of 88 Department of Justice . Immigration and Nalturaiization Service NOUCB {i NUMBER CASE TYPE . 2 9 . FOR A NONIMMIGRANT WORKER RECEIPT DATE . ?uom'n/ DATE - 7 saptembex'lg' 2006 STAR ONE STAFFING INC NOTICE DATE - PAGE: 4 4 September 27, 20062 of 4 {Cont') -'Name 7- . DOB COB I ,Class Consulate or POE OCC Code BACANI, TRIS LESTER DE GUZMAN 10/26/1981 PHILIPPINES ?a ?929 MANILA 430 - BAUTISTA, ROBERT SALMASAN 07/24/1967 929 MANILA 430 05/17/1963 PHILIPPINES 929 - MANILA 1' 430 MICHELLE DE GUIA 05/10/1977 '9 1' . H29 . 430 RODERICK CLAVERIA 04/23/1979 PHILIPPINES ?929 MANILA 430 04/17/1977 PHILIPPINES 929' MANILA 430 ROLAND ANGELO YRASTORZA 929 MANILA 430 pcnuz, CARLITO JEAN OCEAVILLO 12/27/1955 PNILIPPIN .929 MANILA 430 BRYAN-TRINIDAD 09/10/1971 PHILIPPI 929 MANILA 430 DELOS SANTOS 12/29/1974 PHILIPPI -929 -MANILA 430 LA CRUZ, JOAN ORIOLA 03/25/1901 PHILIPPEN 929' 430 ?09 QUIROS, PEECIVAL PEREZ ?929. MANILA 430 DQLOROTA, JAMES VALENCIA 04/12/1969 PHILIPPINES ~329 MANILA 430 11/13/1933 PHILIPPINES _Hza_ - - 430' MA TERESA HECHANOQA 03/31/1980 PHILIPPINES 430 ARASELLA 10/05/1931 PHILIPPINE 929 I I 430 .LASTA, PRETZEL CATIGEE jg '929' 1? 430 ROMA AMQR OIMAPILIS 04/11/1900 PHILIPPI 929 MANILA 430 MAGNIFICO, Roy BILLANTES - 05/01/1979 ES ,929 430 02/29/1971 Es 929 MANILA I 430 MONSALE, MARIA CRISCEL 01/06/1979 PHILIP I 1 4 - 929 MANILA 430 Pie?sesee the additiOnai information on the back. You will be noti?ed separately about any other?eases you filed. NATURALIZATION SERVICE I CENTER .7 yr,75 LOWER WELDEN STREET -. - 7 NI 0517990001 . . . I 'vv 'l ?iizn ?l [mu 1: i113: Idlim- Customer Service_Telephone: (300) 375-5283 *Porm 17979 (Rex/{0910793311 . . . ?91511959190991 E'Itm?ioevedjuoihm?e 7.099; .- m. -, - The alien may use this portion When Applying for a visa at an American consulate abroad. or if no visa is required, when appiyi'ng for admission to the US. Receipt#: Case Type: 1129 Notice Date: September 27, 2006 Petitioner: STAR ONE STAFFING INC Petition validity Dates: 10/01/2006 through 07/31/2007 Number of Workers: 31 Name- . T. DOB C09 1 Class Consulate or POE OCC Code DAVID, SANTOS 12/29/1974 PHILIPPINES - 929 - MANILA 430 '1 DE LA CRUZ, JOAN ORIOLA :f 08/25/1981 PHILIPPINES H29 MANILA 430 DE QUIROS. PERCIVAL 02/19/1975 PHILIPPINES H29 MANILA 430 DOLOROTA, JAMES VALENCIA - 04/12/1969 PHILIPPINES 929 MANILA 430 PAUSTO, DENLIT RINON 11/18/1983 PHILIPPINES 929 MANILA 430 GARCIA, MA TERESA HECHANOVA 03/31/1980 PHILIPPINES H29 MANILA 430 ABANO 10/06/1981 PHILIPPINES 929 MANILA 430 LASTA, PRETZEL CATIGEE 01/07/1978 PHILIPPINES 929 MANILA 430 LIM, ROMA AMOR DIMAPILIS 04/11/1980 PHILIPPINES 929 MANILA 430 MAGNIFICC, ROY BILLANTES 08/01/1979 HEB MANILA 430 Pom 17.979 (Rev. Case U.S. Debartment of Justice - immigration and Naturalizaxion service Document 65-1 Filed 09/01/10 Page 55 of 88 Notice 'of ACtion RECEIPT NUMBER ?55 TV ?112 SeptemberNIQf?2006 7 . PETITION FOR A NONIMMIGRANT WORKER RECEIPT mm: 9330121? Ty mm; marmom'im NOTICE DATE PAGE- ?September'27, 4 (Cont') Name ULANDESCA, CARYL JUDITH ARIS FONSECA CELESTE INOCENCIO RAMOS, JR VALENZUELA SARABIA, SOY RAZON i levag ANTONIO YEI ALCANTARA ERICSON GUMAYA DOB 05/27/1975 12/13/1980 04/25/1977 07/29/1972 03/03/1932 ?lkgl?f1977 GU/ew?xaas 03/01/1992 Retufnin? workers are etempt from the HEB statutofy 10/19/1933, COB PHILIPPINES: i?CIass Consulate or POE A 9 H23 ?Hze HEB 323 323' MANILA MANILA MANILA MANILA . MANILA MANILA MANILA MANILA OCC COde ?430 430 430 430 430 430 430 430 430 J7S.LOWER WELDEN STREET st??iHP-0001? customerVServiee.fb1e?hp?ez {300) )i i 'U?umua M?w .. P132156 see the additiohal information on the back. You will be noti?ed separate'iyabout anylothc'r cases you filed. NATURALIZATION SERVICE ii ILII I. ?a . I i I J.J?jlil I II ii"The. aii?n may use this portion when appiyiisg?fu: a visa are]: ?nance? consuiqie abroad. or if no visa is required, when appiying fur admission tn the US. Notice Date: Septemb?r 27.72006 Name: - RQSEMARXE PANLILIO MONSALE, MARIA CRISCEL REYES EL JUDITH ORDONDEZ, PADLAN, FARRAH CELESTE RAMOS, 80wgpACIo JR VALRNZUELA ROCO. MGRENA LAC5INA SARABIA, JCY-RAZON SEVILLA, I SILVA, ANTONIO ALGANTARA Case Type:?1129' Fetitzoner: Petition Validity DateS: 10/01/2006?thraugh 07/31/2007 DOB 02/28/1971 01/36/1979 05/27/1975 12/13/1933 04/26/1977 07/29/1972 63/33/1952 12/14/1977 08/03/1966 03/01/1982 COB PHILIPPINES PHELIPPINES PHILIPPINES pHILIppans PHI L-I PHILIPPENES STAR ONE STAFFING INC Number o? Workers: .Class Consulate or H23 . H23 HZB H25 323 H25 H28 H28 H28 H23 Please peg: portiqn: bellow, grid forward it tn the alien wo_rkcr._ 31 MANILA MASILA MANILA MANILA HANILA MANILA MANILA MANILA MANILA MANILA 0C0 dee 430 430 435 436 430 43C 430 430 #30 430 Case Document 65-1 Filed 09/01/10 Page 56 of 88 U.S. Department of Justice .- I .1 immigration and'Naturaljzatinn Service I PETITION FOR WORKER DATE ?romw DATE WK saptembe: 19? 2006 STAR ONE STAFFING INC NOTICE DATE PACE September 27, 20054 oi 4 Please secvme additionai inibmmation on back. You will be netified separater about any other cases you filed. SAINT ALBANS NATURALIZATEON SERVICE VERMONT SERVICE CENTER - Emit it i I I ?usual I: . (Manama: Service {800) 375-45283 . - . LForm 179-73 $.75 LOWER WELDEN - I In El a Pieasc tear off penion belovLalld IMO the alien wager. .. The ali?n may use this portion wis??nweemyihg 1'13: :1 at an M?arxlcim 'consulaic abroad, 01' if no visa is required,l.when app'lymg for admissiou'to the 0.5. Receipt#: EAC--06-2-sa~5i719' Case Type: 1129' 3 Notice Date: September 3'7, 2006 Petitinnex: STAR C-NE: INC Petition Validity Dacee: 10/01/2006 through 9'7131/2007 Number of workers: 31 Name . DOB COB Class Consulate or FOE QC: Cede TROPA, ERICSON 10i19/1983 PHILIPPINES HEB MANZLA I 4:30 Fm?m I 7978 (Rev. Case Document 65-1 Filed 09/01/10 Page 57 of 88 Maryna Subject: FW: Judge Andrew Hague involvement in the recuitment in Philippines Oct 2006 Attachments: letter US Ambassador Kenny Philippines Oct06.doc; 797-Approval Boca Woods 31WS 2006. From: Andrew Hague Sent: Wednesday, October_18, 2006 1:01 AM To: consmanilaniv@state.gov Subject: Mr. Joseph F. Tilghman Non immigrant Visa Chief United States Embassy 1201 Roxas Blvd. Manila, Philippines Dear Consul Tilghman: My name name is Mary Jane Hague and I am the founder and President of Star One Staf?ng, Inc., which is an established medical and hospitality personnel agency with their main of?ces in South Florida for close to twenty years. I have come; to Manila with my partner, Ruth Carruthers and my husband, Judge Andrew Hague, for the express purpose of personally meeting you and requesting your assistance in granting a group interview for thirty (30) applicants Whose petitions were recently approved by the Vermont USCIS Service Center on September 27th, 2006. This approval is valid beginning October lst, 2006 through July 3lst 2007. The nature of their contracts coincides with the highly seasonal Winter tourist season which has just begun. Failure to have these workers in place in the immediate future puts these contracts at great risk, it may jeopardize their very employment opportunity. The only step remaining is the interview with the Embassy. We have gone to the Embassy on three separate occasions since our arrival in the Philippines, in an attempt to make an appointment with your of?ce, but have had little success. We canceled our ?ight out this morning when we were told yesterday that we should return this morning, which we did after rescheduling our ?ights. Today, we were able to get into the Embassy, but not able to see anyoneand the next available ?ight doesn't look like it is until Friday. Case Document 65-1 Filed 09/01/10 Page 58 of 88 The purpose for the ?ve minute, face to face, introduction is so that you can see who we are, resolve this immediate crisis and so that we can better learn how to make things move more smoothly in the application process in the future. We are staying at the Hyatt Hotel across the street from the Embassy and Mr. Robert Villanueava, one of our other partners has a cell phone and can be reached at either 917-249-1238 or 919?734-3659. Thank you for your kind cooperation in this matter. Sincerely, Mary Jane Hague President/ Founder Star One Staf?ng, Inc. Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+ countries) for 2?/rnin or less. Case Document 65-1 Filed 09/01/10 Page Hon. Kendrick Meek Hon. Kendrick B. Meek 08:23:52 pm. 10464005 2 l5 ON HOMELAND SECURITY 1038 Lmowonm Heuse Gama BUILUING Mom 2m, Momma: mo OVERSIGHT DC 20515 mums RENEE 1208225451116 . 5mm mo Flo-t: (202} 226-0777 Teaaomsu Risa . . COMMITFEE 0N 111NW 183a Sm AHMED SERVICES some 3195 Tm?. Am mo Lama Fences MIAMI Snows, FL 33189 (305) 890?5995 I thulNESS 4 Fax: (305) 690?695: kondrickmeekhousmgov BRDWARD 101110 Pines BOULEVARD ENDRICK MEEK Parnassus Pmea. FL 33028 (954145045767 October 16, 2006 ?93" Mr. Joseph F. Tilghman, Nonimmigmnt Visa Chief United States Embassy 1201 Roxas Blvd. Manila, Philippines Dear Consul Tilghman: I am requesting your immediate assistance in granting a group interview for thirty (30) applicants Whose petitions were recently approved by the Vermont USCIS Service Center on September 27, 2006. Please see attached the names of said workers. This approval is valid beginning October 1, 2006 thru July 31, 2007. These workers are needed now since South Honda?s Wmter work?season hao Just begun. I was Momma that Ms. Matty Jam: Hague, President/C130, and Mr. Bobby Villanuova, Vice-President, of Star One Staf?ng are currently in the Philippines and have, in fact, ?nished into?dcwing each of those applicants. Their contact numbers in Manila are 911349?1238 and 919-734-3659. I have been assured that their toward their nonimmigrant visas are completed and that they could come in for an interview anytime. The Honorable Andrew Hague from MiamHDado County?s 1 1?h Judicial Circuit Court is accompanying his wife for their ?rm- timc visit to the Philippines. I understand that Judge Hague and his wife are returning to Miami next Wednesday, and they?d like to come by the Embassy for a short visit. Please know that my District Of?ce has lmown Star One Staf?ng for quite sometime now, and we are most impressed with the utmost professionalism and integrity of its staffers, especially Ms. Liliana J. Cuova, their Immigration Lawyer. While we are aware of the complex regulations and rules of procedures governing the processing of liale visas, Star One Staf?ng has taken every effort to fully comply with them. Unch your mics and rcgulations, I look forward to your int-Mowing those workers so that they can statt work here in South Florida as soon as possible. Thank you so much for your help in this mater. Sincerely; - B. MEEK Member of Congress Attachments 0860- INCORPOR 5211239 pz 4:10-cv- 0030-DPM Document 65-1 Filed 09/01/10 Page 60 of 88 The us Embassy in Maniia Phi?ppines - . Aim: Cmsul General Richard Daie Haynes Dear Consul Haynes: Pleasehelpwim?aeraquestbeww. Meekwasmed wand received byMt. of?ce on Monday. October 15 Many thanksforyourhebl IEmesw 6. Ramos I omc?arUSRap. mmgum Phone: 3056905905 Fax: 3056905951 V. Docume'nt'65-1 Page 61 81"188 me: Ramos, Ernesho Sent: Wednesrhy, Octobet 18, 2906 7:03 PM To: Mnhivcong?stategov Requestfor Expedited Meeting with Consdjoseph mm. The us Embassy in Manila mappings Re: Nonimmigrant Visa Section Aim: Mr. Joseph Tilghman Neuimmigmt Visa Chief Deaf Consw 2006.2.vhichyourof?ee Ma?qgueandherhushanithe MiddCimuitCanate workers. Fbrida's?otelsandarearesm MSW-2494338. ShrOneSla?ngviakimn?gra?m Mammalian approvede-ZBvisaam. time theyhavein - Emesto 6. Ramos beputyDistrictDitectar am at us Rep. Meek 111 NW 315 Miami Florida 33169 Phone: 305 690 5905 Fax: 305 5905951 "The alien may use this portion when "applying for a visa at an American consulate abroad. 01' if no visa is requiregi, when applying for admission off-twig?an Page Io the-workerie; to - eta abproval. Please contact the consulate with any sh J. _tear?oft bottom part of tiie notice USED 1N PLACE. 05' A VISA. quescions about Visa issuantc. rare FORM IS EDT A VI 'granted status based on this petition they can 'Petition approval does not authorize employment. Whe V'for1the period_authorized. Please contact the then work for the petitioner, but only as detailed in -IRS with any_questions about.tax withholding. If circumstances change, the petitioner can file Form-I?Bz Iany of the workers are already in the U.S. the petitioner- status based on this petition. Changes in employment a; any other required documentatIOn. :1 enter the United States, substitutions of different If-any of the workeris} included in this petition ?ow visa numbers can be re?used. workers are not made, the petitioner must notify?thi immigration status and does not guarantee that the alien The approval of this visa petition does not in itse a, for admission to the United States. or for an _b?neficiary will subsequently be fennd to be eligi' extension, change, or adjustment of status- ?Nomber of workers: 31 Name - . Class Consulate or POE OCC Code AUI-NGAN, JOSE JR BosIs I323 MANILA 430 DOB COB - - 05/21f1970 PHILIPPINES. Ple?asesoe the additional infannation on the back. You wiil- be noti?ed stpamtelyrabout any?othcr cases you ?led. I II I I-hhi nu- I I IMJIGRATION NATURALIZATION SERVICE VERMONT SERVICE CENTER '75 LOWER WELDEN STREET nus-rm 11"?7t11 :1 35?s.? 1 .. Customer Service Telephone: (800) 3'75?5283 NW 1 i mug: iila __P_iease tear off portion below and forget-(Ii: to gleaijen?worker ?a -. a. Case Type: .Petitioner: STAR ONE STAFFING INC Number of Workers: 31 Receipt?: Notice Date: September 27. 2006 Petition Validity Dates: through 07/31/2007 Name DOB COB Class Consulate or POE OCC Code AUINGAN, JOSE JR soars 05/21/1970 PHILIPPINES - H213 MANILA 430 BACANI, TRIS LESTER DE 10/26/1981 PHILIPPINES H213 MANILA - 4.30 mums-m, ROBERT SALMASAN 0712411967 PHILIPPINES H213 MANILA 430 EIAZON, JENET 05/17/1963 PHILIPPINES 'st MANILA 430 CASTILLO, MICHELLE DE GUIA 05/10/1977 PHILIPPINES H25 MANILA 430 cams, RODERICK CLAVERIA own/1975 PHILIPPINES Has MANIM 430 COLLADA, SHERYL WILSOII PHILIPPINES . H213 MANILA . . 430 CRISOLO, ROLAND ANGELO YRASTORZA 10/23/1985 PHILIPPINES HEB MANILA 430 CRUZ. CARLITD JUAN OCHAVILLO 12/27/1966 PHILIPPINES HZB MANILA - 435 DALID, BRYAN TRINIDAD 03/10/1971 PHILIPPINES H25 MANILA 430 EXHIBIT Fem 1 79713 (Rev. 09:07;an PETITION FOR A WORKER norm um: 3: - remorse . ?1 september 19? 200E . ONEVSVTAFFING INC: Warsaw PAGE . . V- September 2'LILIANA J. CUEVA ESQ Notice-Type: Approval Notice LAW OFFICES OF LILIANA CUEVA PA Class:- 2414 CORAL WAY SUITE #1 Valid from 10/01/2006 to 07/31/2007 MIAMI FL 33145 - - - -- A - IThe above petition has been approved. and notification? .en sE?t to the listed consulate. You may also send the 1.1.0. uepartment of Justice Migration - 1139/01/10 "Page 63 of 88 1011' . RE . *?87 1719- - - EAC 06.- 25, 5 - - 11137111011 FOR A WORKER RECEIPTDATE PRIORITY DATE .mom - A . er 19, 2006- seme?mb STAR ONE STAFFING INC 01017050111: - PAGE September 27, 200:2 of 4 (Cont') - 'Name DOB . COB Class Consulate or POE 00C Code - TRIS. LESTER DE GUZMAN 10/26/1931 0111111091015 MANILA 430 ROBERT SMMASAN 07/24/1967 91111111991019- . H28 MANILA 430 05/17/1963 PHILIPPINES 11213 MANILA 430 MICHELLE DE GUIA 05/10/1977 . 1-1213 MANILA 430 RODERICK CLAVERIA 04/23/1973 H2E MANILA 430 SHERYL-WILSON 04/17/1977 1129 MILA 130 ROLAND ANGELO 10/28/1935 1129 MANILA 430 ?302, CARLITO JUAN OCHAVIILD 12/27/1965 1120 MANILA 430 03/10/1971 H213 MANILA 430 - DAVID, .IRENE 0111.05 SANTOS 12/29/1974 . 1129 MANILA 430 9-111; JOAN 01110111 08/25/1981 A 1123' MILE - 430 '5 111: 0011209, PERCIVAL PEREZ 02/18/1975 712:0 MANILA 4.30 110103011, JAMES VALENCIA 04/12/1969 1-129 MANILA, ?130 - #110910, DENLIT 11111011 11/10/1903 .1120 - MANILA - 430' I MATERESA HECHANDVA 03/31/1900 11213 HAN-ILA A130 - 11010011111112, ARABELLA ABANO 10/06/1981 1129 MANILA 430 .LASIA, PRETZEL CATIGBE 01/07/1973- 1123 MANILAN 13o LIM, 1101111 1111011 DIMAPILIS 04/11/1980 21219 MANILA 130 . . MAGNIFICO. ROY 03/01/1979 131111.191: 1120 MANILA- 430 mom, PANLILIO 02/22/1971 1120 MANILA A 130. - 1101mm, MARIA CRISCLL REYES 01/05/1979 1123 MANILA . 430 . . i, Please see the informatmn on the, back. You Will be nou?ed separately/about any other cages you ?led. NATURALIZATION SERVICE - . I . SERVICE CENTER .75 LOWER WELDEN STREET . SEE-2133313311138 5.332335130300201 . .- . I010: :01 g: n- Customer _Serv1.ce_ Telephone: (800) 315-5283 . - - i Form 17973 (RevCase Type: 1129 Notice Date': September 2'7, 2006 Number of Workers: 31 Petition Validity Dates: MAGNIFIICO ROY BILLANTES 10/01/2005 through 07/31/2007 Petitioner: STAR ONE SIAFPING INC - i I I Name' DOB COB Class Consulate or POE OCC Code DAVID, IRENE IDELQS SANTOS 12/29/1574 PHILIPPINES H213 MANILA 430 DE LA CRUZ, JOAN 01210131 08/25/1981 PHILIPPINES H25 . MANILA 430 DE QUIROS. PERCIVAL PEREZ 02/18/1975 PHILIPPINES H23 MANILA 430 DOLEOROTA, JAMES VALENCIA 04/12/1969 PHILIPPINES H23 MANILA 430 FAUSTO, DENLIT RINON 11/18/1903 HZE MANILA 430 GARCIA, MA TERESA HECHANOVA 03/ H213 MANILA 430 3 HERNANDEZ, -ARABELLA ABANO 10/06/1981 PHILIPPINES HZE MANILA 430 LABTA, PRETZEL CATIGEE 01/07/1970 PHILIPPINES ?1213 MANILA 430 5 LIM, ROMA AMOR DIMAPILIS 04/11/1980 PHILIPPINES HEB 430 08/01/1979 PHILIPPINES 1129 MANIIA 430 I Fez-m 1 7973 (Rev. 09/079311 . vfin?igi??fim?m?go?soopm?. DdcumerNt?Sc? Emma/Ollie Page 64 of 88 - FOR WORKER 151111053; - - - . STAR ONE STAFFING INC WICEBATE mag. . I A September 27-, 20003 'of 4' (Cont?) Name - DOE COB I - A'Class benguiace or POE OLANDESCA. mm. JUDITH 06/27/1975 . 5593' 24933114 430 FONSECA 12/13/1930 - - 11213. .meA 43:: 91mm, CELESTE mocamczo aims/197? .V .1125 - MANILA 43o Ramos, JR vmmzugm 07.129119? - HZB In 430 - 0319311992 PHILIPPINE H23 430 PHILIPPINE i123 43:- trjs'rore. gm?umo 63103241955 sz'LIPpm 3213' MANIEA - . age 911%; Memo in Amman vagina/1932 .3213 mzm- 430 GLMAYA 19/1511933 3213 MANILA . 430 Retaining wofkers are exempt from the EBB statutaiy Please see theaddiriohal 'infetmat?ion on the back. Yen will be'uoti?ed separately-abet}: any?othe'r cases you filed. IMMIGRATION KATURALIZATION SERVICE . VERMONT-SERVICE CENTER I A I - - 375 LOWER STREET gangs:- [stratum maCustomer {-306} a; :5e5233 - I 'Fgrm 17978 (Rev. 09107193151 Wad it We alien worker: Th; aii?n may use this portion-wine; appiy?isg for a visa satin #?mcr?ciac consuin abroad. 0? if no visa is required. when appiy'ing fur admission In the US. Receipt? Case Tips-J: '1129?. . I I Notice Date: Septemb?r 27, 2696 P?titldnart STAR ONE STAFFING IHC Petition vali?ity BateS: l010112005?through G7f31l2037 Number of workers: 31 1 Name: . DOB COB . Class Consulate or OCC Cede - MEbsDozA?, PANLILIC PHILIPPINES H23 MAKES-A 430 MONSALE, REYES 011?0631579 - - . H213 MANILA 430 pun mm; ?25/21/1975. . ?215 MANILA- 43c casxmm?zz, ARES-FOHSECA- PHILIPPINES H28 1136 PADLAN, I-TARPM CELESTE. momma PHILI . 323 PMILE. e30 RAMOS, JR. VALENZUELA 2377291191?- PHILIPPINES . H29 43:: i Roco. - 6315-3311982 H28 MANILA. - I 436 . 3 swam, IRAZON - 223141497SEVILLA, NEST-3R GULTIANO 03/93/1966 - 325 MANILA . i SILVA, ANTONIO Ammzm 0510111 9a: . H25 430 3 Form": mama. omelme .9. uepartment 01? Justice DecumenN??cJe Page 65 of 88 91129 PETITION . . september 19? 2006 QNE STAFFING PAGE . _r September 200 4 of 4 Please seems additionai imbrmation on the back. You wilt be nod?ed separater about any other cases you ?ied. IWIGRPEION 5: SERVICE VERMONT SERVICE CENTER .. - I llm?liir WELDEN STREET . Said?? 354:It}: ?nil I amiss an i 1 Customer Serv1ce_T??Ephona? i866} 375:5283 ..- . !F0m1?973 . - Pleas: tear off poniuu below and fprward It to the aiicn worker. ?me aii?n may 1151': this. poriion tar a at an Amt-near;- ??onsuiate abroad, or if my visa 'is applying for adrhissian'm me 8.3. Receipt#: . 3 ?7 Notice Date: september 27', EGGS Petitianer: STAR CHE: STAFFING INC Petition Validity Dates: through . Number of Workers: 31 Name 1205 SOB . Class Ccnsulate or POE 3C: Cade TROPA, GUMAYE: 151?19/1983 PHILIPPINES 1-125 ?30 - Form 1 7973 (Rev. 0950?.193m I I 66 of 88 3e 4'10 cv 00030-DPM Document 65-1 Filed 09/01/10 Page Notice of I Entry of Appearance as Attorn- or US. Department of Justice immigration and Naturalization Servicc proceeding "at: of?ce. He may, in conformity with 8 CFR In re; H23 PETITION FOR 31 WAITERS Date File No. hereby enter my appearance as attorney for {or of}. and at the request of. the following named parsonls); Name Perjricncr Applicant fl 3064 WOODS COUNTRY CLUB, 31 [j Bene?ciuy' Adam. (Apt. No. (Number .2 Street] {City} (State) (er Code} C10 2414 Coral Way. Suite 1 Miami Florida 33145 Name 7 Petitioner Applicant STAR ONE STAFFING INC. [j Bene?ciary Addross mm. No.) (Number 5: Street) (City) - (sane; (as? Codclh C10 2414 Coral Way, Sultall 1 Miami Florida 33145 Twat applicable Hermit) belmv.? 12g 1. I am an moms}: and a member in good standing uft?c bar ofthe Calm of the United States or ofthc highest courr of?re following State. territory, insular possession, or District of Columbia . Florida - ida supreme Court and am not under a court or adminisirativc agency 2. I am an accredited ofthc following named religious, charitable, social service, or similar organization established in the . United Storm and which is so recognized by the Board: 3. lam associated with tho anomcy of recent who previously ?led a notice ofappcarancc in this case and my appearance: is at his request. {Emu check mm- from. aim I check farm I or 2 Mricbever 1974. I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NA MED 4. Others (Explain fully.) - I . . . COMPLETE ADDRESS i - - LAW OFFICES OF J. CUEVA, RA. 2414 CORAL WAY, sum: #1 . MIAMI FL 33145 TELEPHONENUMBER J. CHEM, ESQ. (305)908-1224 Lilyc55@aot.com I - :7 . . (Name nl?AIwmey or THE ABC {-75 DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MA TTER: . . I 5 H23 PETITION FOR 31 WAITERS . . Name of Porson Signature ot'Person? nseming 081C 1 lr? Mary Jane Hague, Presadent "t ,5 t. ?l (NOTE: Execution oflhis box is required umfcr the Privaq- Act of 193-? where :he person bgin represented is a clirzcn United Stale: oral: alien law?rlly adnzimd for pram-nan! residenceThis form may not be used to rogues: records under the Freedom o?nfonnarion Act or the Privacy Act. The manner nfrequcsring such racords is containcd in BCFR 10310 and 193.20 ELSEQ. I - Form 0423 (09-26-00W Filed 09/01/10 Page 67 of 88? Case Document 65-1 OMB Expires 05131108 Department-of Homeland Security - 1-129, PBtitiO? for a US. Citizenship and Immigration Services . Nonimmigrant Worker START HERE Please type or riot in black ink. For USCIS use (my Part 1. Information about the employer ?liu this petition. [film employer Returned - Receipt is an complete Number 1. Organizations 3 cold complete Number 2. 1. Family Name (Last Name) Given Name (First Name) - Date Full idd to Name Telephone No. wlArea Code Dal": Resubmittod 2, Company or 01'ng Name . Telophonc No. w/Area Code Data Star one Staf?ng Inc. 305-908-1224 7 MullingAddress: (street Number and Home) Suit: at Date L010 2414 Coral Way 3 Rem 9Q: (3?11 Care Q0 . . Data Lalo LAW OFFICES or: LILIANA J. cusvn., an. 7 Qty Stato?vaincc - Date I Miami 7 Emma I Reloc Read I Countty Ziprostal Code E-Mail Address (ifij BSA 7L33145 with? 7 chcrai Employer identi?cation air?US. Social Security Individual Tax tit Bate Petitioner [65-02mm Interviewed Part 2. Information about th' 'on. (See tn?mtion} Bene?cial-y l'l Requested Nouimmigrant Classi {Write ossi?cation symbol): immicwcd . 2. Basis for Classi?cation {Check orig): a. New employment. (including new. mployor ?ling Extension). .. ii of Workers: - Continuation ofpreviously approved employment without change with the - - .M same employer. "m . ahdity Dates. . c. Change in previously approved employment. From: d. New concurrent employment I To? e. 1: Change LJ Classi?cation Approved 1 r. to Amended petition. El Consulate/POEfPFl/Noti?cd I I 3. it" you checked Box 2c. 2d,- Zel [3 2m usion Granted NIA . . Cl COS/Extension Granted 4. Prior Petition. Ifthc benc?mazy is the U-S. as_a nonimmigrant and is applying to part-Ea; Approva; (uplain) change andfor extend his or hcr'status? give the prior petition or applicatiOn teccipttl: or 21'. give the petition receipt number. 5. Requested Action (Check one): - . - a. Notify the of?ce in Part 4 so the pcrsonls) can obtain a visa or be admitted. E: a petition is not required?r an f. 5-2 or visa]. in. 5: Change the personts)? status and extend their stay since the persontsanother status {.923 limitatfortsj. This is Action Block. - available only when: you check "New Employment" in item 2? aboveExtend the stay ofthe personls) since the} no? hold this status. Ta Be Completed by Amend the stay ofthc pet-souls) since they now hold this'status. gnome}.- 91' Representative, it'any e. Extend the Status of a nonimmigrant classi?cation based on a Fret Trade Fill in box. WG-28 is attached-to Agreement. {1922 Free Fade TN and H131 to Form 11129). represent the applicam Change status of a nonimmi rant classi?cation based on a Free Trade . - Agreement. {See ree Traci Supplement for 7N and to Form f~l22i State hams: 3. Total number of workers in petition {See instructions . 0546590 relating to when more than one worker can or: Included): Fomt ?429 {Reta carol/05W . I I I Case Document 65-1 Filed 09?" 01/10 Page 68 0f 88 Part 3. Information about the personfs) you are ?ling for. - name each person included in this petition - Complete Hie blocks beiow. Use the continuation sheet :0 I. if an Entertainment Group. Give the Group Name MIA Ealniiy Name (Lari Name} Given Name (Fir-3r Name} Fuii Middle Name: LAWNGAN Jose Jr. LBobis 22121}: of Birth Soda} Security if r?g'fany) ?fy?anyj [lawman Country of Birth Province of Birth Country of Citizenship Aparri, Cagayan Philippines 2. Ifin m: United States, Compietc tho-Following: Dam of Last Arrival {mm/WW) Date Status Expircs (mm/awij [-94 MMVoI/Deparnire Document} MIA LNIA Number . Current Nonimmigrant Status 3 '3 1 in} Bite Issuad Date Passport Expires [aim/dd MIA 7 KK749527 9112012003 01IZOI2908 I Comm LES. Address I C10 STAR ONE STAFFING mo, MIAMI - . FL 33145 I - 2414 CORAL WAY. Part 4. Processing Information. I. if the person named in Part 3 is outside the United States or a requested extension ofstay or change ofszatus cannot be grantcd, -. give the US. consulate or inspection facility you want noti?ed ifthis partition is approved. I Type ofOf?ce {Check one}: [2 Consulate Office Address (?2;ng Pro-?ight inspection Port ofEntxy LLS. State or Forcign County LMANILA. PHILIPPINES 7 Bryan?s Foreign Address Barangay Ainay Poiangui Albay City. Legazpi City Philippines 7 . Does each person in this petition have a valid passport? [3 Not required to have passport - No explain on separate. paper [3 Rs 3. Are you ?ling any other petitions with this one? No 4. Are applications for replacementfinitial 3794s oeing ?led with this petition? No Yes - How many? 5. Are applications by dependents boing ?led with this petition? No Yes - How mony? E. 15 any person in this; petition prooeedings'.? No Yes - explain or: ?cporatc paper Form 3-129 {Rem Page 2 00030-DPM . Document 65-1 Filed 09/01/10 Pa-g - - ?Ann? . I Pal-f 4. Processing Information. (Continued) 7. Have you ever filed an iminigran: petition for any person in this petition? I (E No 'Yes - explain on a separate paper 8. lf'you you were ?ling a new petition in Part 2, within the past Seven years has any person in this pctiti on: 3. Ever been given the classi?cation you are now requesting? NM No' Yes - explain on a separaie paper b. Ever been denied the classi?cation you are now requesting? No Yes - explain on a separate paper 9. Hove you ever previously ?led a petition?for this personexplain on a separate paper 10. Ryan are ?ling for an entertainment group. has any pcrson in this petition not been with the group for at least one yearoxplain on a separate paper Part 5. Basic informationahout the proposed employment and employer. Attack the supplemenf relating to the classg?i?mtianyou are requesting. - 3. Job Title 2. Nontechnical Job Description I Please see attached petitioner's letter 3. LCA Case Number 4. yes Code Address Whom the persOn(s) will work if di?mm from address in Part 1. Sire-er number and manual aim/town. state, zip code} EOCA WOODS COUNTRY CLUB, 10471 Boca Woods Lane, Boca Raton, Florida 33428 i] 6. Is this a full?timc position? - No Hours per week: Yes Wages per week or per year: . . . 7. Other Compensation (Explasz - - 8. Dates of intended employment i I From: 1 0411 -2006 To: 07-30?2007 US. citizan or permanent resident 8] Organization Other explain on separate paper 9. Type ochtitioner - Check l?l m6 of Business Form H29 (Rev. 04f01/06l?t" Page 3 Year Establi?hccl - 12. Current Numbcr of Employees - - 1991 - - i L15 7 - 5. _G_ross Annual Income - 14. No: Annual lncom: I I . $3.5 Million - - - - i I 70 of 88 4 10 cv 00030-DPM Document 65-1 Filed 09/01/10 Pag Case - - I I Par-t 6. Signature. Read the in?rman'on bu penalties in {he instructions before Completing this section. I petition is to extend a prior petition. I certi?' that the proposed empioyment is under the same Rams and conditions as stated in the prior approved petition. I authorize the release ofany information ??om my record, or from the petitioning organization's records that U. S. Citizenship and Immigration Services needs to determine eligibility for the bene?t being sought. y?rtime Phone Number I Signature a, -- ?ies} 903-1224 - 3 Print Name Date (trim/WW) Mary Jane Pgsidem I I NOTE: do not compieteiy ?ii out this form and the required suppiemenn or fail to submit required documents iisted in the ins?ucti??s. the person(s) ?led for may not be found eligible for-the requested bene?t and this petition may be denied. Part Signature of person great-ng form, if other than above. declare that I prepared this petition a: the request of the above person and it is based on all information of which i have any imowiedge. Signature I Ragtime Phone Number (Area/County Cede} m05j908~1224 Print Name Date (nan/Mm} J. cusvn, ESQ. fir-in Name and Addrm LAW OFFICES OF LILIANA J. CUEVA, RA. 2414 Coral Way, Suite Miami, Fiorida 33145 7 Form i- [29 (Rev. 04/01 106W Page 4 as I in." I If}. . . one No. ups-0009; Expires 05mm Department ofHomeland Security - Classt?catron Supplement US. Citizenship and Immigration Services 130 Form 1?129 1. Name of person or organization ?ling 2. Name of person or total number of workers or trainees you petition: are ?ling f0r: Later One Staf?ng Inc. i i 31 wen-ens i Be sure to list only those periods in-which the alien andfor famin members were actually in the United States in an classi?cation. NOTE: Submit photocopies of Forms 334.1497 and/or other USCIS issued documents noting these periods ofstay in the classi?cation. if more space is needed. attach an additional shee?s}. (If applying for H-ZAJH-ZB classi?cation skip this item.) Sub jeet's Name i Period of Sky (mm/dd??liggl?) . Subject's Name i Period of Stay From: To: From: To: From: l' To: - I From: - To: 4. Classi?cation sought {Check one): i:i PM Specially occupation . Ci H-ZA Agricultural worker H-JBZ Exceptional services relating to a cooperative . H-2B Non-agricultural worker research and development project administered by the us. Department aroerense (DOD) 3 Tram i:i H-IB3 Fashion model of national or international acclaim Ci H-3 Special education exchange visitor program gait?: 1. Complete this Section if filin for classi?cation. 1. _I_Je?cribe the proposed duties NIA 2. Allen's resent oeco ation and 51min:an of riot work ex ?ence I) P611 MIA . - 7 . i I Statemerzrfor HJB specialty occupations only: I i By filing this petition, agree to the terms of the labor condition application for the duration of the alien's authoriZed period ofSIay for H- 28 employment. . Petitioner's Signature Print or Type Name Bate (mot/Wm} NIA ii . 7L . Statemem?r specialn: occupation: and Department q?efeme projects: As an authorized of?cial of the employer, 1 certify/that the employer will be liable for the reasonable costs of the return transportatiori . of the alien abroad if the alien is dismissed from employment by the employer before the end ofthe period oi'the authorized stay. 7 i . . 1 Signature of Authorized Of?cial of Employer Print or Type Name Date (mummy; MIA - ii ?i Staremenffar I -B Department omit).- i certify that the alien will be working on a coOperative research and development project or a co?production project under a reciprocal agreement administered by the US. Department of Defense. DOD Project Manager's Signature Print or Type Name - Date :iiE jL? 7 - Form i-129 Supplement (Rev. 0410 Page 7 I 72 of 88 4'10 cv 00030-DPM Document 65-1 Filed 09/01/fix-- Section 2. Complete this section if filing for or 11-28 classi?cation. 1. Employment is: {Check one} 3. Explain your temporary need for the alien?s services (attach a separate Shasta) paper g'faddin?ona! space is needed). 2. Temporary need is: (Check one} a. [3 Seasonal c. Intermittent a' Unpredictabte c. Recurrent annually h. Peakload d. I: One-time occurrence b. 13 Periodic. PLEASE SEE ATTACHED LETTER Section 3. Complete this section if?ling for cfessi?cation. The petitioner and each employer consent to atiow government access to the site where the labor is being performed far the purpose of determining compliance With H-ZA requirements. The petitioner further agrees to notify the USCIS in the manner and within the time ??ame speci?ed ifan H-ZA worker absconds, or if the authorized Employment ends more than ?ve days before the relating certi?cation where it cannot be demonstrated that the H-ZA worker either departed the United States or obtained authorized status daring the period ofadmission or within ?ve days ofeariy tennination, whichever comes ?rst. The petitioner must execute Part A. Ifthe petitiOner is the empioye?s agent. the employer must execute Part B. mployers, they must each execute Part C. arejoint Part A. Petitioner: By ?ling this petition. i agree to the conditions employment and agree to the notice requirements and limited liabilities de?ned in 8 CFR 12 - - Petitioner's Signature Print or Type Name - _D_ate roam/ddfi?igge) 7m Part B. Employer who is not the petitioner: I certify that I have authorized the part}! ?ling this petition to act as my agent in this regard. I assume full respousibiliry: for representations made by this agent on my behalf and agree to the conditions of H-ZA eligibility. - .Empfoyer?s Signature 5 Print or Type Name Date {mmr?doijmoe} NIA Fowl 1-129 Suppiement (Rev. (WOUOGW Page 8 Case Document 65-1 Filed'09/01/1O Page 73 Of 88 Part C. Joint Employers: 1 signal: to the conditions eligibility. ?int Employer's Signaturem flirt or Type Name Date (mm/ddiiwfv} (MIA Joint Employer's Signaturqu ?lm or Type Name Date {mm/dd?m} NIA Joint Employef's Signature(s) Print or Type Name 1% Date Joint Employer?s ?Signaturefsl ?at-or Type Name - NM Date ("tdele Section 4. Complete this section if ?ling for 3-3 classi?cation. 1. lfyou answer "yes" to any ofthe following qumtions, attach a full explanation. a. is the training you intend to provide, or similar training; available in the alien's country? in. Will the ?ninng bene?t the alien in pumuing 3 cm abmad? 2. Does the training involve productive incidental to training? it. Does the alien already haw: skills related to the training? e. 15 this training an c??on to overcome a labor shortageyou intend to employ the alien abroad atthc end of this training? . lfyou? do not intend to employ this person abroad at the end ofthis training, explain why you wish to this training, and your return ??om this Raining. . MA a No Yes inCur the cost of providing Form i429 Supplement (Rex: Peg: 9 00030-DPM Document 65-1 Filed 09/01/Attachment - 1 Attach to Form 1-129 when more than one person is inducted in the petition. (List each person separaterja Do :70! inc-Indra the person you named an the Form H29.) I Dar: 01?81'th Family Name Name) Enfn Name (Firs: Name) mMiddlc Name mad/3549: - Tris Lester . - Ibe Guzman Twas-1931 I Conan]: of Birth - Country of? Citizenship - Sonia} Security ii (ifanyj army; I?hi?ippines Phuippines - TUONE I I Date Of?An-fva] (mm/4?de (ArrivaVDeparmrc Document) Current Nonimmigrant Status Date Slams Expires (mm/dummyTHE 5333315, What: Fasspor: Issued PE f'ass'pon Expires {mm/dd?m} Date Started With Group {mmzh?dmw v.5. LPHILIPPINES 7 I 05.13.2009 - I Em - . om ufBinh Family Name (Lax! Name} Name Wins! Name} - Full Middle Name mm/ddm? - jIjabed - I Sal'masan I 137-24495? 7 Coun?yofBi?h Coumzy ofCirizenship us. Social ?51m:qu I?ilippines Philippines ?33543-2476 - IUONE Date OfAm'vaf (mm/M4559?) (Arrival/Departure Document) CurrentNonimmigmnt Slams Date Stems Expires fmm/dd/?pw . IF LNIA . MIA IN . THE @9113; Where Passport lssuad Date Passport Expires pix: Started With Group (mmladftaagvj 7 I 1 1.20.2007 Date of Birth Famin Name r105! Name} Nam: 113-! Name) . Fuli Midlife. Name - mm/da?c?igg?e I BIAZON - II?Jepet - I Esguerra I 05?17-1963 I . Earth-y ofBin?h Country of Citimnship UI.S. Social Security Warns) A Many) I 'Iihi?ppines I Phifippines . 535.313.0210 - NONE - I Date Of Arrival #94 {A?fvalf?cpmure Current Nonimm?gmnt Status I Date Status Expires {mmlawfmgij THE Emmy Where Passport Issucd? Dare Passpon Expires Date Stancd With Group (macaw?) U-S- I PHILIPPINES I Ems-2010 . . am: ofBr'rth Famuy Name (Lax! Name} Given Name (Fair's! Name} Full Middie Name I I CASTILLO IIEicheHe II De Guia . II {rs-10.1977 I I nanny of Birth Country of Citizenship I Social Security (Vang!) I Philippines Philippines DONE . - I NONE - I . I 02116 01? Arrival (AnivaIchparrure Document) Current Nonimmigram Smlus Date Slams Expires LNIA 01mm" thr: Passport Issued Dan: Passport Expires [InmEHd?jfl?fl?j' Dat: Started With GrOup (mmrza?dimjad I I I IDHILIPPINES - ?3-03.20? . bf Form [-129 Attachment . 1mm; mmuoew Page 16 _m I I 75 of 88 Case Document 65-1 Filed 09/01/10 Page Attachment - 1 -- I Attach to arm [-129 when more one person is included in the petition. {sz! each person separateb: Do not inc/Leda fire person you named on the Form 11129.; I . - Date cram}: fimily Name {Lam Name} Given Name (Firm Name) Full Middle Name mmla'dmzm- ICELIS - 7 Roderick Tblaveria 7 04-23-1978 Counzry of Birth Cohmry of Citizenship I us. Sociaf Security 1: A Wm] bailippines jmons I Date Of Arrival {mmfda??m? 5-94 (AfrivallDepanure Document Cu'rrenr Nonimmigrm Status Date Status Expires (mm/datumTHE 935nm Where Passport Issued Dale Expires {mm/dda?m) Date Started With Group (mm/Maggy) us. LPHILIPPINES 7 E?m-zow 2 . . Date of Birth Famiiy Name (Lax: Name) Given Name (Fins-r Name} Full Middle Nam: _mmfda?rj?m{v EDLLADA - - "3mm - 7 Wilson [34.1 7.1977 Country ofBirrh . Ghana)! of Citizenship US. Social Security {'{Taqvj A (17' any} @?ippines 7 Philippines ?1 Home - 71:40:15 4 Base 01? Arrival (mm/dal?mj 1?94 59 (Arrival/Departure Document) Slams Egg Status Expires I [4THE Country Where Passport Issued 95- Dare Passport Expires Date Started With Group (mm/ddc?mgd 7102-35490Date of Birth Pam ii}! Name (Last mee) Given Name Name) Full Middle am: ILRoIand Angela Yrastarza I 110-284 935 7 Entry of Birth Country of Citizmship I US. Social Security {?arva A (#0:qu Philippines jbhilippines jmoua [Aroma 7 [Date Of Arrival {mm/ddijng (A?imUDeparmr: Document) Current Non immigrant Status Date Status Expires LNIA 3&1th When: Passpon issued Rae Passport Expires (Mm/Maggy} 2:333 Started With Group U-S- LPHILJPPINES ?1 @mm?ooa . - 7 MA . - . - Dale of Birth Full Middle Name max-duh??- :1 Social Security? {ifam'} A (firm?!) {La-:1 Name} Given Name (Fir-:1 Name) - Juan - Tbchavillo Country nr Birth - Country ofCitizmship Philippines NONE . TUONE 7 Date Of'Arrivai I?IHI/Hd?il?fll} M4 (Arrival/Departure Document) Current Nmiimmigmnl Status. Date Status Expires 3131s} ?z~m 1 MA THE Coulazn=thrc-PassponIssued Date PasSporf Expires mmub'a?gmy) Dan: Stancd With Group 7 LPHILIPPINES ?lmdm?w Tag? I I Form H29 Attachment I (Rex; 04/011061'3' Page 17 76 of 88' 4'10 cv 00030-DPM D0cument 65-1 Flled 09/01/10 Page I I - - I grit? Attachment - I . Attach to Form 1-129 when more than one person is included in the petition. (List each person reparaze?ta Do no! include the per-swivel: named on the arm {-1294 . Date of Birth Fam?y Nam: (1cm Name) Given Name {Fri-s! Name; Fulf Middle Nam: Mdd?j?fm' [3mm Bryan erinidad Tbs-10-1971 I Country of Birth Country of Citiz?nshi?p EESociaI Security (Jami) A 5 Ehi?ppines Philippines 1 NONE NONE I [Date GfAm'va! (mm/ddwa 1-94 (Arrival/Departure Dominant} Currant Nonimml'granz Status 1F LNIA MA LNIA 7 Dim Date Status Expires fmm/da?aflg?igw IN . THE {Sauna}; Where Passport Issued Date Passport Expires Date With Group (mm/dd?ggmy us. Edit-2011 7 LNJA 7 . Date Family Name {Lexi Name} Given Name (Fl'mName). Full Middle'hiamc Mm/ddm' jams Santos [3mm Wilma 711249-1974 7 HE. Sonia} Securin i? (grainy of Birth of Citizenship A (from)! Eilippinas j?hi?ppines jams jmone Date OfAl-n?val 19? Documcnt) Current Nonhnmigmnt Status I Date Slams EXpires (mm/dawqu Ll IF MA TLNIA :lmm THE Country Where Passport Issued Date PasSport Expires Date Still-led With Group U-S- LPHILJPPINES 10?8-23-2011 MIA 1L1 I . Date of Birth Name (Last Name) Given Name (Fits! Name} Full Middle Name ?it/Edit?? BE LA CRUZ Liam ?Hlmola [38-25?1931 Country of Birth Stigma: of? Citizenship 13.3. Social Security (fairly A ?fany) bhilippines Philippines LNONE ?ows ?1 Eur?"rent Nonimml'gmnf Sam: 3 LNIA . 7 2133 Passport Expires {mm/?ddngan [3?12?2010 - 7 MA Date OfAfrivaI 1-94 [Arrival/Departure Document) 1F ILNIA IN TH Couritry Where Passpon Issued us. DHILIPPINES Date Status Expires (mm/Ha?ng 1? Date Started With Group {mm-Edam;ng gin?? . - Dale of Birth Err:in Nam: (Lari Name} Given Name (F 1?:er Nariqu Full Middle Name DE QUIROS Percival Perez 02-18-19?5 CDunlry Binh Country of Citizenship U.S. Social Security {ifarllil A 1?5 {ifarrv} Philippines Lphliippines j?zws j?oue JDiste Of?Am?vai (mm/079213551) 1-94 (ArrivaVDcparlurc Document) Cun'ent Noninunl'gram Status Dill: Slams Expires .THE Comm): Where Passport Issued Dale Passport Explr?s {mm??dd?flg-lglj Date Started With Group us - PHILIPPINES mas-zoos . 7 LNIA Form 3-129 Attachment? 7 (Rex: Fag: [6 00030-DPM Document 65-1 Filed 09/01/Attachment 1 Attach to arm 1-129 when more than one person is included in the petition. (Lin and: person separateilz Do not inciude {he personyau named on the Farm 11129.1 I I . Date ofBit'Eh Family Name (Lax! Name) - Given Name {First Name) - Full Middle Name James jLValencia 79-12-1939 I Cauntry of Birth Country I {15, Social Security ii [ITan A Man}? IDONE . TLNONE I Date Of Ar?vai [-94 if {AnivaiiDepanure Dncumcnti grant Nonimmigrant Seams Dal: Status Expires (mmr'dd?ggyj LMA 7M - MM 711m 1 IN . - . THE 9921213: Wizcre Passport Issued . P25511011 Expires (mm/dd?agtgv) . - Date Started With Group (mmerme vs. PHILIPPINES [Er-07 2010 1 . - I Date of Birth Famin Name {Last Name) Sivan Nam: (Firerame) Full Middie Name Mddfima E00510: )Denut - 7 Rinon - 3-1903 I Country ofBi?h Country of Citizenship us. Social SecurityaiE ?aw) A if (if ?111!) Eilippines Philippines - NONE. a NONE I I Date Of Arrival (dedIfizw) 3-94 (ArrivaL?Departur-c Document) Current Nonimmigrant Status Date Status Expires {0201106me Country Where Passport Issued Dare Passport Brpires (mmfa?dfgim Started With Group [mm/0mm Q-S- DHILIPPINES ?1 ?rm-2003 - Date ofBirth Famin Nam: (Lari Nana.) 93500 Name {First Name) f?Middlc Name mm/dd?ag?r Bream . Teresa Tbechancwa jE-ar-wao .- Glmh'j? of Birth ?C?nny ofCitiZEnship U.S. Sonia} Security if {firan A ii {Kama} [thppines . 7 home I . I [Dam OfArriva! (mm/aiding?) 1-94 ii (Arrivalf?cpanur: Document) Current Nonimmignint Status Data Stands Expires {mm/ddjm) 1r I :jLNm Them 3 IN - - THE Country Where P25513011 Issued Date PaSsp-ort Expires fmm?Hd?fIfI?i) Date Started With Gran-p ?nar/deiggnri U-S- ILPHILIPPINES 02-06-2009 [3m Date gram Family Name (Lari Name} Given Name (Firs: Nome} - Fall Middle Name I HERNANDEZ . Arabella Abano I 10-05-1931 ,1 Country of Birth Country of Citizenship US.- Saci?l Securiiy A t-?i (Jamil . I Phinppmes Philippines . NONE - I Dale 1:34} {Arrival/000mm: Ducu?ieml Current Nonimr?igran! Status 2E Status EXpi'res IF ?Jim - MA ?1 IN . I I Carma-y Where Passport 155 Lied Dale Passport Expires {0:002:03}:in Dali: Started With Group 7 I 07-04-2010 - - 7 MA . . - 7 Form !-129 Attachment 1 (Rev. 04/01l06w Page 17 - 00030-DPM Document 65-1 Filed 09/01/10 Pag I Case .- - I Attachment - 1 . . Attach to Form 1?129 when more than one person is included in th: petition. (11's! eacbperson separaieiv. Do not mam}; the penan?von named an the Farm #129.) . - . - I Dare ofBr'r-m Emmy Name (Last Name) Given Name (Fimfiamgl Fin Middle Name mm/Ha'gmv [3.3m Pretzef Catigbe I 01 .07-1973 Country of'Birth I Country of Citizenship ?Sacial Security Warth :51 ?farzv) moms NONE 01' Arrival (mm/#422152) 1-94 (Arrival/Depanure Document) . Current Nonimml'gran! Slams Date Sums Expires (mm/@THE Country Where Passport issued Date Passport Expires (mm/aw:ng Date Stanad With Group us. - - [?es-2011 7 EA - - - Date oth-th ?uffy Name {Last Name) . Giver: Name (Firs! Name) Middle Name Mddj?ggi EM Thiama Amer jigimapllis jig-1 1 -1 980 7 91mm} of?ith Counny is; Social Security?fg?a?any mm; Bailippines _?_th?ppines. 7 NONE I . 1 Date OfAn-iva! (mn?ddjm) 1-94 if {Arrivafl?cpmure Document). Su?sm Non hamigrant Status Date Status Expires (mm/dd?gw) - 7mm- 7mm 1mm :2 312 Entry When: Passport Issued Passport (mm/dde Date Starch With Group {Mm/ddw 95- LPHILWPINES . 7 b3-?1?-201 1 . 7 MA - . Date nf?Birth filinin Name (Lari Name) Given Name fFer! Name) ?113} Middle Nam: mm/dd?mgr . 7,333, . - Br?lantes . jE-omsn 1 23mm): of Birth County of Citizenship us. Social Security (yaw (Haw? - Philippines lbhilippines humus {lone Bag.- 013? Arrival {ded?aguy {PALE-ivaUDepanure Beaumont) Current Noniz?migrani Status Data Status Expires (mm/dd?glg?THE Country When: Passpon Issued Data Passport Emircs Dase Stamd With Group (mmr?a?d?mg? I U-S- PHILIPPINES . I (ya-30.2010 Date cram Family Name (Last Name) Given Name (Fins-i Name} Fun iddfe Name rum-30531551: I: Rosemarie 02-28?1371 Canninim'Binla Country of Citizenship . SocialScc?riu-r?r??fanga) A *5 ({{aqvi - [Phinppines Ph?ippines NONE - NONE i 5 Date 01' Arrival (Mm/dabjwri 1-94 (Arrival/Dcpa?me Documcm) Currant Nonimmigrant Status Date Slams-Expires {Emma/damnlbwTHE County- Where Passport lssucd Dare Passport Expires rinmzaddagpx) Date Srarted With Group DHILIPFINES - 7 04-22-2009 hm. 7 Form {-139 Attachment - (Rev. 04.103106)? Page 16 4'10 CV 00030-D-PM Document 65-1 Filed 09/01/10 Page as . - - I I Attachment - 1 Attach to Form 1-129 when more than one person is included in the petition. (List each person separateb: Do not include the person you named on the Farm 1-129.) . Dam of inh Family Nam: (Lust Marne) Shim Nam: {First Mame} Full Eddie Name MONSALE "imam CrisceL Reyes 7B1 415-1979 Country of Birth I. Country of Citizenship ?Social Scour-i1]! A (ffany) Ehllippinas NONE ONE [Date OfArrivaI 3.94 (AnivallDeparture Document) Current Nonimmigmnt Slams Date Status Expircs my 3m 7m :1 . THE Country Where Passport Issued Date Passpon Expires (mm/afde) Date Started With Group {mm/dam} v.5. PHILIPPINES 7 mm 3-2010 - 7 MA - - Data of Birth Family Name (Last Name} Given Name mm Name) Fol! Middle Name LOLANDESCA . 7 Gary! mindim- 05.274975 Coun?y oth'rtb - - Country of Cit?nanship gisociaz Security (y'aqu A (um) Ehilippines Philippines JLNONE j?ous 7 Pic OfAm'val (mm/dd?m) 1-94 {Artful/Deme Document} Current Nonimmigmm Status Date Status Expires {mfda??Luna Dam $221?) Country When: Passport Issued _Di[e Pas?port Expires firm/M41993!) E33 Started With Group U-S- meuppmes [10.22.2909- 7 Luna :1 I . - . I Date of Birth Equity Name (Last Name} Given Name (Fri-s! Name) Full Middle Name rum/dd?ng ERDONDEZ I 7bris [banana 11115-134 980 of Birth gm of Citizenship I Social Sammy (ffarw A any I [?r?ippfnes jbhilippimm - 7DQNE 7UONE i I Dai: Of?An-ivat (KEMP/Delaware Document) Cum-em Nouimmigrani Stains Date Status Expires {mm/awaysmay Where Passport Issued Date Passport Expires Started With Group (hmu'ddmm) I UHJLIPFINES Bouts?20m Daze ofBirth Family Name (Last Name) . Given Name {First Name} . Full Middle Name - - . 7Emif?cia Jr . jLVaienzueia 1 CountryofBirzh Country ofCitizenship I Social Scourityi? {if :1qu A *3 (from!) . Lphuippines Tumours I Date Of Arrival {wum/ddfm) Eff (ArrivaUDeparture Ducumcn? Currant Nonimmigranr Status Dale Slams Expires . . Country Where Pa?sport Issued Data Passport Expires 2335 Started With Group I fmm-?dggj?-?j [33.09.2910 . - .1 MA 7 Form 3?129 AMCJIMCHI I (Rev. 04f0l1063'3" Page: At?tachment - 1 Attach to Form 1-129 when more than one person is included in the petition. {List was person separaiei?r?. Do not fucizm'e the persanyoz: named on the Form 1429.} I - Date of Birth Fam?y Name (Lax! Name) Given Name Fun Middle Name 7 ?lm/dd?f?l?? PADLAN Farrah Calais-Fe Tuscan-each 04-26-1 'Couurry'orairm ofCitizenShip gs, SocialSccurit-y?afaqv) A a! gram Philippines IMONE [mans jg: OFArrivai 1-94 Document) Curran Nanimmigmm Stains Date Status Expires (mm/dd/figmd IF LNIA - MA MA 1 THE Caunny When: Passport Issued I Date Passport Expires . 5,1 QEEStanui Wilh Group (mm/amme us. UHILIPPINES 02-16-2009 MIA - I I I Date {if Birth Famiiy Name (Last Name) Given Name {Fri-s! Mama) Fuli Middle Name I arm/o'de ROCD :j?lafen? - 7Ecsina :fEas-isaz LLS. Saciai Security 1% {irony} A it {yaw} NONE NONE Date Of Arrival 1-94 (AnivailDepm-mre Document) Curr?nt Nonimmigranr Status EL: Status Expires (mm/M52215!) Chantry ui?Citiz?iship Elsi-my of Bi?h j?hilippihes Phillipines IF - I 1?91" IN THE Entry Where Passport issued Date Passport Expires {mmida?w Dam Started With (3me U-S- . PHILIPPINES 1 @4440? MA :1 . Date of Birth Family Name (Lag-Name} - _Gi_ven Nam: (First Name) Fuii Middle Name [swam 7 931m ofsinh Country 'ai Citizenship Social Sccumy arm?) A army Philippines :Lm 7 Date Of Arrives! {mm/me ?93 (Maine Dominant) Current Nonimmigmnr Status Date Status Expires (mm/dd?giyy} 1N - THE Countw Where Passport issued pita Passport Expires I Date Started Wilh Group (mom?de 02.28-2011 NIA U-i - I I I Date of Birth Family Name (Les! Name) Givsn Name Mme} - Fuii Middie Name mm/dd?ml Country of?Bith Country of Citizenship 1.18. Social Security {ifany} A #1 {frame} - Dale Oi'ArrI'Vai? $94? {AJTivaifDeparz-ure Document} Current Nonimmigrant Status Date Status Expires (mmra?dfifiaa-?i Cnunrn' Where Passport issued I . - Dale Eacpires Date Starred Wizh Group {maiz?da?gfi-ggr) plaza-2011 i] MA . I Form 1-129 Attachment - {Rex-z Page 36 81 of 88 . 4'10 cv 00030-DPM Document 65-1 Filed 09/01/Attachment - 1 Attach to Form 1-129 when more than one person is included in the petition. {Lisa each person separarebi Do no: include the personymi named an the Form 1-129.) I - . - Dale of Birth Family Name Name) Given Name Name} Full Middle Name Jam/Mm: [3mm Antonio jbicantara 7 03-01-1932 Quinn}: cram c_ounny of Citizenship I vs. Social Security 4? {Jame} A (graing I jkhilippines 7 NONE 711mm 01? Arrival {jg (Arrival/Departure Documemt) Current Nonimmigmir Status Date Status Expires (min/dingy Hi im 7.11m 1 1m 711m 3 I THE Country Where Passport Issued . Date Passport Expires (mm/W) gigs Sinned With Group fmm/a?dchyu) v.3. - Ema-zoos MIA - Date ofBinh Famiiy Name (Last Name) Given Name (Firs-i Name) Ful! iddle Name mom. 7 meson" jffumaya m-19-1983 7 . Country of Birth Gamay of Citizenship Sonia! Security ii I . A if (ifalzv) j?hiliizpines Imam; . . I . Dar: OfAirivai. ('me (-94 ii! (Am?valchpanm-e Document} Current Noni?unigrant 'Smtus Date Status Expires (mm/dde THE Comm-y Where Passport Issued - Dam Passport Expires (mm/ddwa I Date Started With Group ?3 PHILIPPINES 7 06.24.2909 - i - Dare ofBir?i Family Name (1.0.31 Name} Given Name (Firs-r Mimt?j - Fuil Middle Name mmi?a'wjmgi . Country of Birth gantry of Citizenship . LLS. Sonia] Sccuriw (331" any) A 3.3 (570111;) 3L - TL- :1 Date Of Ain't-a! 1-94 5? (knivai/Depanum Document) Curran: Nonimmigrant Status Date Status Expires THE Country Where Issued - Date Passport Expires - (mm/dd?m} Started With Group . Dale ofBinh Famin Name ?45! Given Name {First Name! Full Name 1n i Country of'Binii Country of Citizenship US. Sadat Securin'. 3! (Jam!) A *5 (ffami? I 1 Date 01' Arrival (mm/dde i~94 {ArrivaliDcpanure Dncumenti Current Nonimmigrani Status E: Status Expires Country Where issued Date Passport Expires Dale Started With Group 1 .TL I Form 5-129 Attachmeni i (REV. 04/01/0613? Pave E7 I - f88 Case Document 65-1 Filed 09/01/10 Page 82 Ste ONE STAFFING September 6, 2006 Director Premium Processing Unit USCIS Vermont Service Center 30 Houghton Street St. Albans, VT 05478-2399 Re: H25 VISA FOR 31 WAITERS . Dear Sir or Madam: This letter is written in support of the H-2B . petition by Star One Staffing for the temporary seasonal staf?ng of 31 waiters, from October 1, 2006 to Juiy 30, 2007, at Boca Woods Country Club in Boca Raton, Florida. - permanent staff on a temporary basis. experience. Please note that each of these 31 waiters meet the minimum requirements for the position of .?Waiter.? We are enclosing evidence of such. 2414 Coral Wayt Mian'ti, Florida 33145e 305 908-1277?r 305 856-2241 I 188 Case Document 65-1 Filed 09/01/10 Page 83 81% ONE STAFFING Director - Page Two 1. We pieced an advertisement for 3 consecutive days, June 28, 29, 30, 2006 in the Palm Beach Post newspaper: the most commonand widely circulated paper in the areathese methods and none were referred by FLDOL of?ce to us. in addition, we contacted FLDOL on July 12, 2006 and they informed us that they had received no We have actively, aggressively and extensively attempted to recruit qualified United States workers for the position. However, those attempts did not produce any qualified applicants for the position.? Despite all of our efforts we were unable to ?ll these positions with quali?ed United States workers. . Star One Staf?ng inc. will be the employer in this case Since we will be responsible for wages and other employee needs. Due to the shortage of workers in Boca RatonIWest Palm Beach County and because of the temporary, seasonal nature of the job, we are in need of 31 waiters in order to accomplish business operations for Please note that the ?season? for Hospitality enterprises in Florida begin in the Month of October, such is the reason for the demand of these 31 waiters Please note that we are enclosin the ori inal a roved certi?cation ETA 750A from the Department of Labor for your kind review. Thus, we respectfully request that the evidence be reviewed and to please approve our HZB visa petition on behalf of the 31 waiters. . - .414 Coral Waysr Florida 3314572.; 305 908?1277e 305 35e2241 Case Document 65-1 Filed 09/01/10 Page 84 of 88 51% ONE - STAFFING Director Page Three Thank you for your attention to this matter. Very Truly Yours, I I I 47 Mary Jane? ague President 2414 Coral Way? F10rida33145k 305 908?1277* 305 356-2241 Case Do'cu'ment 65-1 Filed 09/01/10 Page 85 of 88 AFFIRMATION 4w Mary Jan Faguefx?esident 02%}de Date Case Document 65-1 Filed 09/01/10 Page 86 of 88 13.8. Department of Labor Employment and Training Administration Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 - FINAL DETERMINATION August 200 STAR ONE STAFFING INC. e/o LEIANA I. CUEVA, ESQ. LAW OFFICES OF LILIANA I. CUEVA, ETA Case Number: 1673 Number of Openings: 31 P.AI 2414 CORAL WAY, SUITE #1 - WAMI, FL 33145 Occupation: Waiweraitress, Formal Period of Certi?cation: October 01, 2006 - July 30, 2007 In reply refer to: Jeannie Byrnes The Department of Labor has made a ?nal detennination on your application for certi?cation of temporary alien employment pursuant to Title 20, Code of Federal Regulations, Part 655. The Ann?iieation for Alien Emlovment Certi?cation. Form ETA 750A has been certi?ed and is enclosed. All enclosm?es are required to be submitted to the US. Citizenship and Immigra?on Services, U.S. Department of Homeland Secm?ity, at: U.S. Department of Homeland Security US. Citizenship and Immigration Services Vermont Service Center 75 Lower Weldon Street St. Albans, VT 05479 for consideration with your petition (Form 1-129). Flod Goodman Certifying Of?cer co: STAR ONE STAFFING INC. Attachments: Form ETA 750A I i 1 .. .Wme-rp?: Case Document 65-1 Filed 09/01/10 Page 87 of 88 0M8 Amva! Nu. M1301 us. DEPARTMENT as more IMPORTANT: READ CAREFULLY BEFORE commas ms FORM Employment and Training Administralion PRINT hgibiy ?11 ink at use Witch lfpu need morn space In - . Wumm APPUCATEQN gala: dewmspond?nyques?an. SIGNAND DATE each FOR - - ALIEN EMPLOYMENT CERTIFICATEON Wigwam 39:3"? 18 . . . 1001} PART A OFFER OF EMPLOYMENT 1. Name uiNion {Family name in capiin! le? . Firsi. Middle, Maiden) 31 Walters {we areas in {o 2. Address at Alien (Number, Street. City and Tum. State Zip code or Province. Cnumm I, 3. Type of Visa {If in Names and Addresses to be supplied 90 - - MIA The fullnwing imam is summit: as an offer of momma: 4. Name of Empaoyer (Fail name of Organization! 01 5. Taiwan: - - . h? StarOne Staffing inc. . nyi'xiaw ens-1234 . p, a. Addreu (Number. sunset. City anu?rswn. Slate 2414 Coral Way 3;?32350 - - i Miami ?ow? . 33145 7. Address Where Alien was Wut?k {if diflaran! 1mm item 65? 1 ?0 - - ?r Boca Woods Country Ciub - - 1p}? gppqo 10471 Boca Woods Lane, Boca Raton, Florida 33428 Opbipar) a. Name war-Emma linsinasstaff. 5? Name a: mam 1C 06?er Farm 11. vgnn: 12. Rate a PM Activity em ora - 5 mg aiter 1&3 . for om?? ONET: 35-3031 - if. I a; 1 ?Wu-'1 5- mi \9 Hospitals, Etc. 40 varies 9:0? 5 Q3513 5? 0' q" 09 - 5:00 Per -Hour? Wm? 13. Dome Fuiiy the job in as Perfumed (Dumas) Take food 'orders and serve food and beverages to members of Com Ciub and their guests in a formal setting. Present menus to patrons and answer questions about menu items, making recommendations upon request. *Wiil vary depending on shift: Each employee win work a basic schedule of one shift per day. 5 days a week. Shifts are from 9am to 5pm and 7pm to 3am. 14. State in detail the MINIMUM education tam, and madame fur a 15. Othsr Specie! Wm perform saiisfacmr?y majobdu?es dess?be? in item Grad Hi i: Cone ire: ef?ng, 3mg)?, 9e ?Iii-age agree can meaty) YES Wm Field afStudy wars) N12. mi? No. Yrs. Na. Mos. Type of Training ms MIA NIA MIA 3 Job mama 0% Helm Occupaunn (specify) - Number Egg" Yrs. Mas. Yrs. Hos15. Opeszpalwalee g; . GENE 17. iide rson ho was h? . ployees Men's immediate Supenrisnr - Niall Wm Supenrisa 0 - - emoasenems {Manna 'm 'f a - section -far savanna-at use miy) my - I . . Date Farms Raceivsd I?uaii?ed workers cannot be found in the {Jailed States. Lo 2.0ivI-sien Foreign Labur Certi?cation Poiicies - - have been observed. . R0 i 4. 3.1555 cei??calian is valid fmmeuyhm . meow: One. I (Dam) . geezaiying Offigar} I - r7 3?3 52.33335. r? ETA 759 (Oct 19m; Replaces MA T-EOA. 5 antic (Apr. "1570 edition) which is Case Document 65-1 Filed 09/01/10 Page 88 of 88 1B. COMPLETE ITEMS ONLY IF JOB I5 TEMPORARY 19. IF JOB IS UNIGNIZED (Gangsta) LNomepan- .F ctDatssY Expat: Nm' ings To Be ?an Employag?on 3? a! - MIA Filed By Aliens Local um:er om: me To - 31 0113012007 NIA We NIA MIA STATEMENT FOR JOB OFFERS (Cunplaia fur 9MB Hausamd ONLY) 8. ufResinana(Ix- m) Number MUSE Grimm" A995 mum Han" BOYS 119 mm YES :1 ND Aymara GIRLS . 21. DESCRIBE EFFORTS To RECRurr_u.s WORKERS AND THE RESULTS. (Specify Sum of Recruitment by Nam) RECRUITMENT INSTRUCTIONS FROM STATE OF NEW YORK, DOL. I 22. Applications require various types of dacumema?an. Please read Part of the instructions to assure that supporting documentation is included with your appiica?on. . 23. EMPLOYER Emma: ofmy signamm below, I may CERTIFY th: follswing conditions of enq?uymmt a. Imaamunhmnasava?meiopaymwage e. or salary drama the alien. I mm by ram. mad. mint. halimal mm. 898. sex. m?gbn. Dancing. at citizenship. b. Thawage c?ared aquaisormds?lepm- f- ?uat?nn isgramsd, ?ne was paid to the aian when 7 (1) a?an begins a laborde invalth a work stoppage. I: meme UHDWIE is not based on mmnu??iunsbonuses. nr other iwen?vas, unicss I guarantee 1 I :avggepmdonam?mbz-waekiymrmamm g. Thump? I i - [unalme mmwb?der?. State or local law. on nrbafnmmadataafmea?en?spmposed h; entrance inm ma United States. any qual?iad us. when 24. DECLARATIONS DECLARATION OF Putsuam is 28 use 1746, I de?ate undarpmaliy 5% perjury me mmgningis true and met. EMPLOYER . SIGNATURE - DATE 02-28?2006 NAME (T or TITLE MARY NE HAG UE PRESIDENT AUTHORIZATION OF HEREBY DESIGNATE Ihe agent below to raan ma for he?moses of labor cer??ua?nn and we FULL OF EMPLOYER RESPONSIBILITY fur Room-any cf any representations made bymy 292m SIGNATURE OF EMPLOYER DATE IADDRESS OF AGENT (Number. Street, City. Slate. ZIP code) 2414 Cara} Way, Suite #1 FL 33145 NAME or AGENT (rm a: mu; Lliiana J. Cueva, PA. Law Of?ces of Liliana J. Guava, PA, Miami - Janet-W-