Department of Labor Employment and Training. Administration Of?ce of Foreign Labor Certi?cation Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410. Atlanta, GA 30303 April 13, 2012 Exemption 6 TRUMP BRIARCLIFF MANOR ETA Case Number: DEVELOPMENT, LLC c/o VICTOR M. PIZARRO PC Alienrs Name: VICTOR M. . 42-15 CRESCENT ST STONEMASONS, 472022.00 SUITE 304 L.I.C., NY 11101 Date ?Acceptance for . Processing: March 04, 2010 Dear TRUMP BRIARCLIFF MANOR The United States Department of LabOr has made a determination on your Application for Permanent Employment Certi?cation (Form ETA 9089) in accordance with the Department's regulations at 20 CFR 656.24 and as required by the Immigration and Nationality Act (INA), as amended.Form ETA 9089 has not been certi?ed. A certi?cation cannot be issued as required by Section 2 of the INA, as amended. The reasons for denial are outlined in- the attachment "Reasons for Denial?. A request for review of this denial may be made to the Board of Alien Labor Certi?cation Appeals (BALCA) by the employer. When seeking review of this detennination, the request must be in accordance with the following; . The request for review must be in writing; The request must clearly identify the particular labor certi?cation determination from which review is sought; 0 The request must set forth the particular grounds for the request; 0 The request must include all the documents that accompany this Final Determination form; a The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal arguments and only such evidence that was within the record upon which the denial of the labor certi?cation was based; and The request must be mailed to the attention of the Of?ce of Foreign Labor Certi?cation Certifying Of?cer who denied the application within 30 calendar days of the date of this determination. If this application was denied because it was incomplete or because the employer did not submit documentation requested by the Certifying Of?cer to ?nalize review of the application by the date speci?ed, the failure to provide the requested documentation in a timely manner constitutes refusal to exhaust available administrative remedies and the employer cannot request review of this denial with BALCA as outlined in ?656.26. Failure to request review within 30 calendar days, as speci?ed in ?656.26, constitutes a failure to exhaust administrative remedies. ,If a request for review is not made within 30 calendar days, the denial shall become the ?nal determination of the Secretary. If an application for a labor certi?cation is denied, and a request for review is not made in accordance with the procedures at ?656.26(a) and a new application may be ?led. A new application in the some occupation for the same alien cannot be ?led while a request for review is pending with the Board of A lien Labor Certification Appeals. Reconsideration may be requested any time within 30 days from the date of issuance of this denial. The Certifying Of?cer may, in his or her complete discretion, reconsider the determination or treat it as a request for review under Sincerely, William Carlson, National Certifying Of?cer CC: TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Enclosure: Reasons for Denial Reasons for Denial Case AA16063-88774 Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: Denial Reason: The employer, TRUMP BRIARCLIFF NIAN OR DEVELOPMENT, LLC, failed to respond to an issued Audit Noti?cation letter by the date speci?ed. Speci?cally, the Audit Noti?cation letter indicated that the employer must submit required documentation by March 26, 2012 and that if the required documentation was not postmarked by the date Speci?ed within the Audit Noti?cation letter, the application would be denied. AUTHORITY FOR DENIAL: Pursuant to the Department's regulations at 20 CFR the Audit Noti?cation letter will: State the documentation that must be submitted by the employer; (2) Specify a date, 30 days from the date of the audit letter, by which the required documentation must be submitted; and (3) Advise that if the required documentation has not been sent by the date Speci?ed the application will be denied." PurSuant to the Department?s regulations at 20 CFR 656.20 "Failure to provide documentation in a timely manner constitutes a refusal to exhaust available administrative remedies." In accordance with the Department's regulations at 20 CFR 65 substantial failure by the employer to provide required documentation will result in that application being denied according to Department?s regulations at 20 CFR 656.24 and may result in a determination by the Certifying Of?cer, according to Department's regulations at 20 CFR 656.24, to require the employer to conduct supervised recruitment, according to Department's regulations at 20 CFR 656.21, in future ?lings of labor certi?cation applications for up to 2 years." In accordance with the Department?s regulations at 20 CFR 1), the employer may request reconsideration and/or review within 30 days from the date of the issuance of the denial. TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC c/o VICTOR M. PIZARRO PC VICTOR M. PIZARRO 42-15 CRESCENT ST SUITE 304 L.I.C., NY 11101 Reasons for Denial Case A-10063-38774 Your Application for Permanent Employment Certi?cation was not certi?ed due to the followingi Denial Reason: The employer, TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC, failed to re5pond to an issued Audit Noti?Cation letter by the date speci?ed. Speci?cally, the Audit Noti?cation letterl?indicated that the employer must submit required documentation by March 26, 2012 and that if the required documentation was not postmarked by the date speci?ed within the Audit Noti?cation A letter, the application would be denied. - AUTHORITY FOR DENIAL: Pursuant to the Department?s regulations at 20 CFR the Audit Noti?cation letter will: State the documentation that-must be submitted by the, employer?; (2) Specify a date, 30 days from the date of the audit letter, by which the required documentation must be submitted; and (3) Advise that if the required documentation has not been sent by the date speci?ed the application will be denied.? Pursuant to the Department?s regulations at 20 CFR 656.20 "Failure to provide. docUmentation in a timely manner'constitutes a refusal to exhaust available administrative remedies.? In accordance with the Department?s regulations at 20 CFR - substantial failure by the employer to provide'required documentation will result in that' applicationbeing denied according to Department?s regulations at 20 CFR 656.24 and may result in a determination by the Certifying Of?cer, according to Department?s regulations at 20 CFR 656.24, to require the employer to c0nduct super-vised recruitment, according to Department?s regulations at 20 CFR 656.21, in future ?lings of labor certi?cation applications for up to 2 years." . In accordance with the Department?s regulations at 20 CFR employer may request reconsideration and/0r review within 30 days from the date of the issuance of the denial. U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Atlanta Processing Center Harris Tower 233 Peachtree Street, Suite ?410 Atlanta, GA 30303 To: Trump Briarcliff ManorDevelopment, LLC c/o Vinny Stello 339 Pine Road Brlarcliff, NY 10510 Cc: Victor M. Pizzarro c/o Victor Pizzarro 42-15 Crescent Street, Suite 304 Long Island City, NY 11101 NOTIFICATION SUPERVISED RECRUITMENT Re: ETA Case Number: Occupation: Stonemasons 47-202200 Exemptlon 6 Foreign Worker?s Name: Filing Date: March 4, 2010 Your Application for Permanent Labor Certification (ETA Form 9089) has been reviewed and selected for-stipervised recruitment by the Certifying Officer pursuant to 20 CFR 656.21. You must complete all of the requirements for conducting supervised recruitment before a final determination will be made on your application. This notification letter provides information regarding the supervised recruitment process, outlines the general content of the advertisement(s) you will be required to place. and identifies any other required documentation you are required to submit to the Certifying Officer. SUPERVISED RECRUITMENT PROCESS The supervised recruitment process Consists of the following steps: 1. Using the advertisements general content requirements outlined in this letter, you must supply a draft advertisement of the job opportunity to the Certifying Officer for review. You must supply the draft advertisement within 30 calendar we from the date of this notification letter OR submit a timely request to the Certifying Officer for one extension of the 30?day timeframe. The Certifying Officer will issue a separate notification to you once review of the draft advertisement is completed, and communicate any required changes that must be made before recruitment for US. workers can begin. Any corrections requested by the Certifying Officer with respect to the requirements of yourjob opportunity will also be reflected on the ETA Form 9089. Once your draft advertisement is approved, you will receive, in a subsequent letter, specific instructions identifying the appropriate sources or publications for recruiting US. workers as well as indicating when the advertisement(s) must be placed pursuant to 20 CFR 656.21(b) and Such recruitment will consist of advertising?in a newspaper of general circulation or in a professional, trade, or ethnic publication, and will include any other recruitment measures or appropriate sources of workers required by the'Certifying Officer. Under no circumstances may you initiate recruitment for US. workers until the Certifying Officer has approved your draft advertisement. After the advertisements are placed, the Certifying Officer will refer to you any resumes or applications received from US. workers for your consideration. You will be required to consider or interview all US. workers referred to you, including those who apply directly to you,.for this job opportunity. . .You will be required to submit a final written recruitment report containing your original signature within 30 calendar days of the Certifying Officer?s request for such a report OR submit a timely request to the Certifying Officer for one extension of the 30?day timeframe. The content of the recruitment report must meet all of the requirements set forth under 20 CFR The Certifying Officer will utilize all recruitment information and supporting documentation to issue a determination on whether to grant or deny your app'liCation. REQUIRED CONTENT FOR ADVERTISEMENTS Based on information contained in your ETA Form 9089, Case the Certifying Officer is requesting that you submit a draft advertisement containing the following content to apprise US. workers of the job opportunity: 0, Identify ?Trump Briarcliff Manor Development, as the name of the employer; 0 Describe the job opportunity, including job title, duties to be performed, and work schedule; 0 State the geographic area or all location(s) of employment with enough specificity to apprise applicants of any travel requirements; 0 State the minimum education, training, and experience requirements, which must be normal to the job opportunity and not contain unduly restrictive requirements; - State a wage rate that is not lower than the prevailing wage or the wage being offered to the foreign worker duly named on your ETA Form 9089, whichever is higher; State any training provided to employees in the job offered; Describe the benefits, terms and conditions of employment which are not less favorable than those offered to the foreign worker; and Direct applicants to report or send resumes to the Department of Labor?s Office of Foreign Labor Certification by using the following language in your advertisement: ?Submit resumes to: Recruitment and Employment Office ?Trump Briarcliff Manor Development, Attn: Job Ref PO. Box 5662 Atlanta, GA 30303.? DEADLINE FOR SUBMITTING DRAFT ADVERTISEMENT AND ALL REQUIRED DOCUMENTATION Submit all required documentation and a draft advertisement of the job opportunity?to the Certifying Officer for review within 30 calendar days from the date of this notification letter. i OR I Submit a timely request to the Certifying Officer for one extension of the 30?day i timeframe. In accordance with program requirements, failure to adhere to this timeframe will result in a denial determination on your application. Apattern or practice of failing to comply in the supervised recruitment process is a ground for debarment of an employer, attorney, agent, or any combination thereof from theypermanent labor certification program?for a reasonable period of up to three imyears. - Ell?i? In accordance with Federal regulations, you are entitl?d to one extension of the 30-day timeframe. You may'request such an extension using U.S. postal mail at the address listed belowor electronic mail at When using email, the phrase Draft Advertisement Extension Request? and your ETA Case Number Should be included in the subject line of the communication. The Certifying Officer will determine the-length of the extension based upon your reason(s) for requesting the extension. Please keep in mind that any extension granted will increase the time required for completion of the supervised recruitment process. Do not forget to include your ETA Case Number on any correspondence sent to the Office of Foreign Labor Certification. Failure to do so may result in a delay in processing your application. Please direct any inquiries to the Office of Foreign Labor Certification via fax at (404) 893-6052 or via electronic mail at SR.processinq@dol.qov and send all requested information contained herein to the following address: U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Attention: Supervised Recruitment Certifying Officer PO. Box 56625 Atlanta, GA 30303 William L. Carlson. National Certifying Officer TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC c/O VICTOR M. PIZARRO VICTOR M. PIZARRO 42-15 CRESCENT ST SUITE 304 L10, NY 11101 .- {Fr F, awn".r . I. J. I 35-1,. a. 1 VINNY STELLO c/o TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 339.. PINE RD BRJARCLIFF, NY 10510 U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certi?cation Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 AUDIT NOTIFICATION February 24, 2012 TRUMP BRIARCLIFF MANOR ETA Case Number: A-10063-88774 Exemption 5 DEVELOPMENT, LLC I do M. Alien's Name: VICTOR M. PIZARRO . 4} 15 CRESCENT ST Occupation. STONEMASONS, arr-2022.00 SUITE 304 MC, NY 11101 Date ?Acceptance for Processing: March 04, 2010 in Response, refer to: Audit eam Atlanta National Processing Center Harris Tower 233? Peachtree Street, Suite 410 Atlanta, GA 30303 Dear TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC The Application for Permanent Employment Certi?cation (ETA Form 9089) submitted to the United States Department of Labor on March 04, 2010 has been selected for audit. In accordance with Departmental regulations at 20 CFR 656.20, please submit the following information to the address speci?ed above: 0 The documentation listed on the following attachment supporting the attestations made on the application. 0 A copy of this Audit Noti?cation. 9 A copy of the submitted ETA Form 9089, with original signatures in Section (Alien Declaration), Section (Declaration of Preparer (if applicable?, and Section (Employer Declaration). Proof of business necessity as outlined by 656.17(h) if the answer for question H-l2 is no, the answer for questions H-13, or are yes, or thejob duties and/or requirements are beyond those de?ned for the job by the code and Occupation Title provided by the National Prevailing Wage Center. - Documentation required for live-in household domestic service workers as outlined by ?656.19(b) if the answer to question 1-1-18 is yes. Norice of ?ling documentation as outlined in 0 Documentation submitted in response to this audit noti?cation must include proof that the employer?s notice of ?ling was posted for ten (10) consecutive business days and was ac?essible to all employees. If one or more of the 10 business days is a Saturday, Sunday, and/or a holiday, the employer must submit documentation to demonstrate that it was open for business on the Saturday, Sunday, and/or holiday in question and, again, demonstrate that employees had access to the posting location of the notice of?ling. . Recruitment Documentation 0 656.17 Basic Process: 0 The recruitment report for this position as described in Signed by the employer or the employer's representative describing the recruitment steps undertaken and the results achieved, the number of hires, and, if applicable, the number of U.S. workers rejected, summarized by the lawful job?related reasons for such rejections. Be advised, the Of?ce of Foreign Labor Certi?cation Certifying Of?cer, after reviewing the employer's recruitment report, may request US. workers' resumes or applications, sorted by the reasons the workers were rejected. A copy of the Prevailing Wage Determination received from the National Prevailing Wage Center (NPWC) and if not included in the Prevailing Wage Determination, a copy of the request for the determination as Originally submitted to the NPWC. A copy of thejob order placed with the SWA serving the area of intended employment downloaded from the SWA Internet job listing site, a copy of the job order provided by the SWA, or other proof of publication from the SWA containing the content of the job order, where a job order is required by the recruitment provisions of 20 CFR 656 and/or ajob order is listed on the ETA Form 9089 as a recruitment source. 0 Documentation as outlined in OR 656.18 College and University Teachers Special Recruitment: 0 A statement signed by an of?cial with actual hiring authority outlining in detail the complete recruitment procedures undertaken; and which set forth the total number of applicantsfor the job opportunity and the speci?c lawful job?relatedlreasons why the foreign worker is more quali?ed than each U.S. worker who applied for thejob. A ?nal report of the faculty, student, and/or administrative body making the recommendation or selection of the foreign worker. A copy of the advertisement for the job opportunity and, if appropriate, evidence of all other recruitment sources. 0 A written statement attesting to the degree ofthe foreign worker's educational or professional quali?cations and academic achievements. A cupy of the Prevailing Wage Determination received from the National Prevailing Wage Center (NPWC) and if not included'in the Prevailing Wage Determination, a copy of the request for the determination as originally submitted to the NPWC. The required documentation must be submitted by March 26, 2012. If the required documentation has not been mailed and postmarked by the date speci?ed to the address listed above: 3 The application will be denied; . The failure to provide the requested documentation in a timely manner will constitute a refusal to exhaust available administratiVe remedies; and . The administrative judicial review procedure provided in 656.26 will not be available. .If the Certifying Of?cer determines the employer substantially failed to produce required documentation, the documentation was not provided or was inadequate: The application will be denied; and 4 The employer may be required to conduct supervised recruitments in accordance with the Department's regulations at 656.21 in future ?lings of labor certi?cation applications for up to two years from the date of the Final Determination. - . Once analysis of the documentation is complete in accordance with the Department's regulations at 656.24, the employer will be noti?ed in writing (either electronically and/or mail) of the labor certi?cation determination. In the event the application is denied, the determination can be appealed by ?ling either a request for reconsideration or a request for review within 30 days of receipt of the noti?cation of the labor certi?cation determination as outlined in 20 CFR 656.24(g) and 656.26. Sincerely, William Carlson, National Certifying Of?cer CC: TRUMP BRJARCLIFF MANOR DEVELOPMENT, LLC Important note: In accordance with the Department's regulations at 20 CFR 656.2005), a substantial failure by the employer to provide the required audit documentation will result in the application being denied under 20 CFR 65 6.24, and may result in a determination by the Certi?iing O?icer to require the employer to conduct supervised recruitment in the Department?s regulations at 20 CFR ?65 6.21 in future ?lings of labor certification applications for up to .2 years. Moreover, a pattern or practice of failing to comply in the audit process, which includes but is not limited to, a failure to provide required documentation, in accordance to the Department's regulations at 20? CFR 656.20, is a ground for debarment of an employer, attorney, agent, or any combination thereof??om the permanent labor certi?cation program for a period of up to three years in accordance to the Department?s regulations at 20 CFR Attachment: Required Documentation for Response to Noti?cation of Audit CASE In'addition to the information requested in the body of the letter, please provide the following documentation: Audit Request: The US. Department of Labor is Unable to determine if potentially quali?ed US. workers who applied for the job opportunity were rejected for lawful, job-related reasons. Departmental regulations at 20 CFR requires the Certifying Of?cer to make a determination to grant or deny the labor certi?cation based on whether there are able, willing, quali?ed, and available US. workers to perform the job opportunity. The employer must consider a US. worker able and quali?ed for the job opportunity if the worker, by education, training, experience, or a combination thereof, is able to perform in the normally accepted manner the duties involved in the occupation as customarily performed by other US. workers similarly employed. In accordance with the Department?s regulations at 20 CFR a US. worker is able and quali?ed for the job Opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on-the?job training. It is not a lawful job-related reason to reject a US. worker for lacking the skills necessary to perform the duties involved in the occupation, where the US. workers are capable of acquiring the skills during a reasonable period of on-the?job training. Please provide the resumes and applications for all U.S. workers who applied for the employer's job opportunity listed on the ETA Form 9089. In addition, please provide a report that lists the following information for each U.S. worker rejected for the job opportunity: If apprOpriate, the date(s) the employer contacted the US. worker; the date(s) the employer interviewed the US w0rker; if appropriate, the reason(s) the employer did not interview the employee; the speci?c lawful job related reason(s) the US. worker was rejected; and how the U.S. worker was informed he or she did not qualify for the job opportunity. Also include information that documents the employer contacted the applicant(s) by phone (telephone logs), e?mail (dated bopy of electronic transmission) and/'or by mail (copy of letter sent to applicant(s) along with a copy of certi?ed mail/"signed" green return receipt card). Knowingly furnishing false information in the preparation of this form (ETA 9089) and any subsequent thereto or to aid, abet, or counsel another to do so is a federal o??ense punishable by a?ne, imprisonment up to?ve years or both (18 USC. 2, 1001) . i ll. I q. Important note: In accordance with the Department?s regulations at 20 CFR a substantial failure by the employer to provide the required audit documentation will result in the application being denied under 20 CFR 656.24, and may result in a determination by the Certi?/ing Of?cer to require the employer to conduct supervised recruitment in the Department ?3 regulations at 20 CFR ?65 6.21 in future ?lings of labor certification applications for up to 2 years. Moreover, a pattern or practice of failing to comply in the audit process, which includes 'but is not limited to, a failure to provide required documentation, in accordance to the Department?s regulations at 20 CFR 656.20, is a ground for debarment of an employer, attorney, agent, or any combination thereof from the permanent labor certification program for a period of up to three years in accordance to the Department?s regulations at 20 CFR Attachment: Required Documentation for Response to Noti?cation of Audit CASE it: A-10063-88774 In addition to the information requested in the body of the letter, please provide the following documentation: Audit Request: The U.S. Department of Labor is unable to determine if potentially quali?ed U.S. workers who applied for the job Opportunity were rejected for lawful, job-related reasons. Departmental regulations at 20 CFR requires the Certifying Of?cer to make a determination to grant or deny the labor certi?cation based on whether there are able, willing, quali?ed, and available U.S. workers to perform the job opportunity. The employer must consider a U.S. worker able and quali?ed for the job opportunity if the worker, by education, training, experience, or a Combination thereof, is able to perform in the normally accepted manner the duties. involved in the occupation as Customarin performed by other U.S. workers similarly employed. In accordance with the Department?s regulations at 20 CFR a U.S. worker is able and quali?ed for thejob opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during a reasonable period of on?the?job training. It is not a lawful job-related reason to reject a U.S. worker for lacking the skills necessary to perform the duties involved in the occupation, where the U.S. workers are capable of acquiring the skills during a reasonable period of on-the-job training. Please provide the resumes and applications?for all U.S. workers who applied for the employer?s job oppOrtunity listed'on the ETA Form 9089. In addition, please provide a report that lists the following information for each U.S. worker rejected for thejob opportunity: If appropriate, the date(s) the contactedthe U.S. worker; the date(s) the employer interviewed the U.S. worker; if appropriate, the reason(s) the employer did not interview the employee; the speci?c lawful job related reason(s) the U.S. worker was rejeCted; and how the U.S. worker was informed he or she did not qualify for the job opportunity. Also include information'that documents the employer contacted the applicant(s) by phone (telephone logs), e-mail (dated copy of electronic transmission) and/or by mail (copy of letter sent to applicant(s) along with a copy of certi?ed mail/"signed" green return receipt card). Exemption 6 Application for Permanent Employment Certi?cation ETA Form 9089 U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 08/31/2014 Please read and review the filing instructions before completing this form. A copy of the instructions can be found at nlaborcertdoleta. 0v! df/9089inst. df - Employing or continuing to employ an alien unauthorized to work in the United States is illegal and may subject the employer to criminal prosecution, civil money penalties, or both. A. Refiling Instructions 1. Are you seeking to utilize the filing date from a previously submitted Application for Alien Employment Codi?cation (ETA 750)? l: Yes No I 1-A. If Yes, enter the previous ?ling date Indicate the previous SWA or local of?ce case number OR if not available, specify state where case was originally ?led: B. Schedule A or Sheepherder Information 1. Is this application in support of a Schedule A or Sheepherder OccupationYes, do NOT send this application to the Department of Labor. All applications in support of Schedule A or Sheepherder Occupations must be sent directly to the appropriate Department of Homeland SecuritLof?ce. C. Employer Information (Headquarters or Main Office) 1. Employer's name TRUMP BRIARCLIFFJIANOR DEVELOPMENT, LLC Address 1 339 PINE RD Address2 City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 7 . 914-944-7101 224 5. Number of employees 6. Year commenced business 35 1996 7. FEIN Federal Employer Identi?cation Number 8. NAICS Code 233140 9. Is the employer a closely held corporation, partnership, orsole proprietorship in which the alien has aniownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate of?cers, incorporators, and the alien? Yes No D. Employer Contact Information (This section must be ?lled out. This information must be different from the 'agent or attorney information listed in Section E). 1. Co ntact's last name Middle initial STELLO First name 2. Address 1 ,339 PINE RD Address 2 Postal code 10 51 0 3. City tate/Province BRIARCLIFF A Country UNITED STATES OFVAMERICA Extension 2 2 4 4. Phone number 914-944?7101 5. E-mail address . COM ETA Form 9039 This Ccrti?calior. is valid from . I to ETA Case Number: ?88774 Page 1 of 10 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date. 0851/2014 ETA orm 9089 U.S. Department of Labor E. Agent or Attorney Information (If applicable) 1. Agent or attorney's last name First name Middle initial. L. PIZARRQ Jr 7 VICTOR - 2. "Firm name VICTOR M. PIZARRO PC 3. Firm EIN 4. Phone number Extension 718-433-3834 5. Addressi 42-15 CRESCENT ST Address2 SUITE 304 6. City State/Province Country Postal code NY UNITED STATES OF AMERICA 11101 7. E-mail address F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number (if applicable) 2. code P200812619 47-2022.00 3. Occupation Title . 4. Skill STONEMASONS - 1 Level I 5. Prevailing wage Per: [Choose only one) 13 .83 Hour I [Week Bi-Weekly Month Year, 6. Prevailing wage source (Choose only one) 1: 0E5 CBA EmployerConducted Survey USA I: SCA Other 6-A. If Other is indicated in question 5, specify: FLC DATASET 7. Determination date . 8- Expiration date 11/13/2009 06/30/2010 G. Wage Offer Inform ation 1. Offered wage From: To: (Optional) Per: (Choose only one) 13.83 13 .33 Hour Week Bi-Weekly I: Month Year H. Job Opportunity Information (Where work will be performed} 1. Primary vvorksite (where work is to be performed) address 1 339 PINE RD Addressz 2. City State . Postal code BRIARCLIFF NY . 10510 Job title STONEMASONS 4. Education: minimum level required: (done DHigh School DASsociate's DBachelor's DDoctorate : Other it Other is indicated in question 4, specify the education required: - 4-8. Major ?eld of study 5. Is trainin required in thejob opportunity? it Yes, number of months of training required: Cf Yes No ETA Form 9089 This Codi?cation is valid from mm Page 2 of 10 ETA Case Number: OMB Approval: 1205?045?. Application for Permanent Employment Certi?cation Expiration Date: 0813112014 ETA Form 9089 U.S. Department of Labor H. Job Opportunity Information Continued 5-8. Indicate the ?eld of training:- 6. Is experience in thejob offered required for the job? 6-A. Iers. number of months experience required: Yes EINO 12. 7. Is there an alternate ?eld of study that is acceptable? :1 Yes No i-A. if Yes, specify the major ?eld of study: 8. Is there an alternate combination of education and experience that is acceptable? Y?s No? B-A. If Yes, specify the alternate level of edUcation required: None High I: Associate?s l?I Bachelor's Master?s Doctorate [:10ther it Other is indicated in question B-A, indicate the alternate level of education required: - 8-0. if applicable. indicate the number of years experience acceptable in question 8: 9. Is a foreign educational equivalent acceptable? I: Yes No 10. Is eXperience in an alternate occupation acceptable? 10-A. If Yes. number of months experienCe in alternate occupation required: Yes No 10-8. Identify the job title of the acceptable alternate occupation: 11. Job duties? It submitting by mail, add attachment if necessary. Job duties description must begin in this space. Build stone structures, such as piers, walls, and abutments. Lay walks, curhstonee, or special types of masonry for vats, tanks, and floors. 12. Are the job opportunity?srequirements normal for the occupation? Yes No if the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity. 13. is knowledge of a foreign language required to perform the job duties? CiYes No if the answer to this question is Yes, the employer must be prepared to provide documentation demonstrating that the language requirements are supported by business necessity. 14. Speci?c skills or other requirements - if submitting by mail. add attachment if necessary. Skills description must . begin in this space. NONE ETA Form 9089 This Certi?cation is valid from to Page 3 of 10 ETA Case Number: 8 8774 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date: 0813112014 ETA Form 9089 U.S. Department of Labor H. Job Opportunity Information Continued 15. Does this application involve a job opportunity that includes a combination of occupations? l: YES 16. is the position identi?ed In this application being offered to the alien Identi?ed Yes No in Section 17. Does the job require the alien to live on the employer?s premises? - Yes No 18. Is the application for a live-in household domestic service worker? I: Yes NO 18-A. If Yes, have the employer and the alien executed the required employment I: Yes No NA contract and has the employer provided a copy of the contract to the alien? l. Recruitment Information 3. Occupation Type All must complete this section. 1. Is this application for a professional occupation. other than a college or university teacher? Professional occupations are those for which a bachelor's Yes No degree (or equivalent} is normally required. 2. is this application for a college or university teacher? - 7 if Yes, complete questions 2-A and 2-3 below. Elves No Did you select the candidate using a competitive recruitment and . selection process? l:l Yes No 2-8. Did you use the basic recruitment process for professional occupations? . [:IYes No b. Special Recruitment andDocumentation Procedures for College and University Teachers Complete only if the answer to question l.a.2-A is Yes. 3. Date alien selected: 4. Name and date of national professional journal in which advertisement was placed: 5. Specify additional recruitment information in this space. Add an attachment if necessary. c. Professional/NomProfessional Information Complete this section unless your answer to 'question 8.1 or l.a.2?A is YES. 6. Start date for the SWA job order 7. End date for the SWA job order 12/10/2009 01/09/2010 8. Is there a Sunday edition of the newspaper in the area of intended employment? Yes I: No 9. Name of newspaper (of general circulation) in which the ?rst advertisement was placed: JOURNAL NEWS 10. Date-of ?rst advertisement identi?ed in question 11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed: JOURNAL NEWS Newspaper El Journal ETA Form 9089 This Certification is valid from to . Page 4 of 1 0 ETA Case Number: A-10063 ?88'7'74 Exemption 6 Application for Permanent Employment Certi?cation .ETA Form 9089 U.5. Department of Labor OMB Approval: 1205?0451 Expiration Date: OBI31I2014 1. Recruitment Information Continued 12. Date of second newspaper advertisement or date of publication ofjournal identi?ed in question 11: 12/20/2009 d. Professional Recruitment information Complete if the answer to question l.a.1 is YES orif the answer to l.a.2-B is YES. Complete at least 3 of the items. .13. Dates advertised at job fair 14. Dates of on-campus recruiting From: To: From: To: 15. Dates posted on employer web site 16. Dates advertised with trade or professional organization From: To: From: To: 17. Dates listed with job search web site 18. Dales listed with private employment ?rm From: To: From: To: 19. Dates advertised with employee referral program 20. Dates advertised with campus placement of?ce From: To: From: To: 21. Dates advertised with local or ethnic newspaper 22. Dates advertised with radio or TV ads From: To: From: . To: e. General Information All must complete this section. 23. Has the employer received payment of any kind for the submission of this application? : Yes No 23-A. If Yes. describe details of the payment including the amount. date and purpose of the payment 24. Has the bargaining representative for workers in the occupation in which the alien will be employed been provided with notice of this ?ling at least 30 days but not more than 180 days before the date the application is ?led? Elves NA 25. If there is no bargaining representative. has a notice of this ?ling been posted for 10 business days in a conspicuous location at the place of employment, ending at least 30 days before but not more than 180 days before the date the application is ?led? Yes El No '1 NA 26. Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the ?ling ofthis application? : Yes No 26-A. if Yes, were the laid off US. workers noti?ed and considered for the job opportunity for which certi?cation is sought? : Yes No J. Alien Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). 1. Alien's last name First name Full middle name 2. Current address 1 Address 2 3. City Statei'Province 4. Phone number of current residence Country UNITED STATES AMERICA 5. Country of citizenship 6.. Country of birth ECUADOR ECUADOR 7 8. Class of admission EWI 9. Alien registration number 10. Alien admission number (I-94) NONE NONE ?li. Education: highest level achieved relevant to the requested ocCUpation: None El High School El Associate's CI Bachetor's I: Master's Doctorate Other ETA Form 9039 This Certi?cation is valid from to Page 5 of ETA Case Number: OMB Approval: Expiration Date: 08/310014 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor 1205-0451 J. Alien Information Continued 11-A. If Other indicated in question 11. specify l2. Specify major ?eldis) of study 13. Year relevant education completed 14. institution where relevant education speci?ed in question 11 was received 15. Address 1 of conferring institution Address 2 . 16. City State/Province Country Postal code 17. Did the alien complete the training required for the requested job opportunity, as indicated in question : Yes NA 18. Does the alien have the experience as required for the requested job opportunity indicated in question 19. Does the alien possess the alternate combination of education and experience as indicated in question H.819 NA 20. Does the alien have the experience in an alternate occupation speci?ed in question ClNo NA 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? Yes No I: NA 22. Did the employer pay for any of the alien's education-or training necessary to satisfy any of the employer?s job requirements for this position? El Yes No 23. Is the alien currently employed by the petitioning employer? DNO K. AlienWork Experience List all jobs the alien has held during the past 3 years. Also list any other experience that quali?es the alien for the job opportunity for which the employer is seeking certi?cation. a Job 1 . 1. Employer name . BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Addressl 339 PINE RD Address 2 3. City BRIARCLIFF MANOR Country Postal code UNITED STATES OF AMERICA 10510 State/Province NY 4. 5. Job title STONEMASONS Type of business CONTRACTORS 6. Start date 7. End date 8. Number?of hours worked per week 06/01/2009 40 Job 1 continued on next page ETA Form 9039 This Certi?cation is valid from Page 6 of 1 ETA Cass Number: 438774 OMB Approval: 1205-0451 Application for Permanent Employment Certification U.S. Department of Labor K. Alien Work Experience Continued 9. Job details (duties performed, use of tools. machines, equipment, skills, quali?cations, certi?cations, litenses. etc. Include the phone number of the employer and the name of the alien?s supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. b. Job .2 1. Employer name DISENAR 2. Address1 CUENCA BENIGNO HALO 7?59 at SUCRE Address 2 3. City StatefProvince Country Postal code CUENCA ECUADOR 4. Type of business - I Job title CONTRACTORS STDNEMASONS 5. Start date 7. End date 8. Number of hours worked per week 05/28/1990 09/23/1997 I 40 9. Job details (duties performed. use of tools, machines, equipment. skills, qUaIi?cations. certi?cations, licenses. etc. Include the phone number of the employer and the name of the alien's supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. c. Job 3 1. Employer name Address 1 Address 2 3. City I StateIProvince 7 Country Postal code - 4. Type of business 5. Job title 6. Start date T. End date - 8. Number of hours worked per week Job 3'c0ntinued on next page ETA Form 9089 This Certi?cation is valid from to Page 701? 0 ETA Case Number: Exemption 6 Application for Permanent Employment Certi?cation ETA Form 9089 U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 08l31l2014 K. Alien Work Experience Continued 9. Job details {duties performed, use of tools, machines. equipment, skills, quali?cations. certi?cations, licenses, ?etc.' include the phone number of the employer and the name of the alien's supervisor.) L. Alien Declaration declare under penalty of perjury that Sections and are true and correct. understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or cocnsel another to do so is a federal offense punishable by a ?ne or imprisonment up to ?ve years or both under i8 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U.S. C. 1545 and 1621. in addition, lfurther declare under penalty of perjury that intend to accept the position offered in Section of this application if a labor certi?cation is approved and i am granted a visa or an adjustment of status based on this application. 1. . i ame 2. Signature Date signed Note The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for a processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certi?cation MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. - M. Declaration of Preparer 1. Was?the application completed by the employer? lf No, you must complete this section. Yes No hereby Certify that have prepared this application at the direct request of the employerlisted in Section C'and that to the best of my knowledge the information contained herein is true and correct. i understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine, imprisonment up to ?ve years or both under 18 U.S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjqu with respect to such documents under 18 U.S. C. 1546 and 1621. First name Middle initial 2. Preparer?s last name CAROLINA ROJAS 3. Title SECRETARY 4. E-mail address . . COM 5. Signature Date signed Note ?The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. It the application is submitted electronically, any resulting certi?cation MUST be signed immediately upon receiptfrom DOL befOre it can be submitted to for ?nal processing. ETA Form 9089 This Codi?cation is valid from to Page 8 of 1 0 ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation EXpirationDate. 08/31/2014 ETA Form 9089 U.S. Department of Labor N. Employer Declaration By virtue of my signature below, IHEREBY CERTIFY the following conditions of employment: 1. The offered wage equals or exceeds the prevailing wage and i will pay at least the prevailing wage. The wage is not based on commissions, bonuses or other incentives, unless guarantees a wage paid on a weekly, bi-weekly, or basis that equals or exceeds the prevailing wage. 3. I have enough funds available to pay the wage or salary offered the alien. 4. I will be able to place the alien on the payroll on or before the date of the alien's proposed entrance into the United States. 5. The job opportunity does not involve unlawful discrimination by race. creed, color, national origin, age, sex. religion, handicap, or citizenship. 6. The job opportunity is not:. a. Vacant because the former occupant is on strike or is?being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work stoppage. 7. The job opportunity?s terms, conditions, and occupational environment are not contrary to Federal, state or local law. . 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. 10. The job opportunity is for full?time, permanent employment for an employer other than the alien. I hereby designate the agent or attorney identi?ed in section (if any) to represent me for the purpose of labor certi?cation and, by virtue of my signature in Block 3 below, ltake full responsibility for the accuracy of any representations made by my agent or attorney. I declare under penalty of that have read and reviewed this application and that to the best of my knowledge the information contained herein is true and accurate. i understand that to knowingly furnish false information in the preparation of this form and any supplement'thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a ?ne or lmpn'sonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to penury with respect to such documents under 18 U.S.C. 1546 and 1621. 1. Last name First name Middle initial STELLO VINNY 2. Title PRESIDENT 3. Signature Date signed Note The signature and date signed do not have to be ?lled out when electronically submitting to the Depa rtment of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certi?cation MUST be signed immediately upon receipt from DOL before it can be submitted to for ?nal processing. O. U.S. Government Agency Use Only Pursuant to the provisions of Section 212 of the immigration and Nationality Act, as amended, hereby certify that there are not suf?cient US. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. This Certi?cation is valid from to . 02/13/2012 Signature of Certifying Of?cer Date Signed A-10063-88774 03/04/2010 Case Number - Filing Date ETA Form 9039 This Codi?cation is valid from to Page 9 of 1 ETA Case Number: 88774 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date: 08i31i2014 ETA Form 9089 U.S. Department of Labor P. 0MB information A Paperwork Reduction Act Information Control Number 1205-0451 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent's reply to these reporting requirements is required to obtain the bene?ts of permanent employment certi?cation (Immigration and Nationality Act, Section Public reporting burden for this collection of information is estimated to average 1% hours per respOnse, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Division of Foreign Labor Certi?cation U.S. Department of Labor Room C4312 200 Constitution Ave., NW Washington, DC 20210. D0 NOT?send the completed application to this address. Q. Privacy Statement Information in accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), you are hereby noti?ed that the information'provided herein is protected under the Privacy Act. The Department of Labor (Department or DOL) maintains a System of Records titled Employer Application and Attestation File for Permanent and Temporary Alien Workers (DOUETA-T) that includes this record. Under routine uses for this system of records, case files developed in processing labor certi?cation applications, labor condition applications, or labor attestations may be released as follows: in connection with appeals of denials before the DOL Office of Administrative Law Judges and Federal courts, records maybe released to the employers that ?led such applications, their representatives, to named alien beneficiaries or their representatives, and to the DOL Of?ce of Administrative Law Judges and Federal courts; and in connection with administering and enforcing immigration laws and regulations, records may be released to such agencies as the DOL Office of Inspector General, Employment Standards Administration, the Department of Homeland Security, and the Department of State. Further relevant disclosures may be made in accordance with the Privacy Act and under the following circumstances: in connection with federal litigation; for law enforcement purposes;to authorized parent locator persons under Pub. L. 93-647; to an information source or public authority in connection with personnel, security clearance, procurement, or bene?t-related matters; to a contractor or their employees, grantees'or their employees, consultants, or volunteers who have been engaged to assist the agency in the performance of Federal activities; for Federal debt collection purposes; to the Of?ce of Management and Budget in connection with its legislative review, coordination, and clearance activities; to a Member of Congress or their staff in response to an inquiry of the Congressional of?ce made at the written request of the subject of the record; in connection 'with records management; and to the news media and the public when a matter under investigation becomes public knowledge, the Solicitor of Labor determines the disclosure is necessary to preserve con?dence in the integrity of the Department, or the Solicitor of Labor determines that a legitimate public interest exists in the disclosure of information, unless the Solicitor of Labor determines that disclosure would constitute an unwarranted invasion of personal privacy. ETA Form 9089 This Codi?cation is valid from .to . Page 10 of 10 ETA Case Number: TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC GLENN H. NILES, JR. 339 PINE ROAD . BRIARCLIFF, NY 10510 l\ U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233? Peachtree Street, Suite 410 Atlanta, GA 30303 December 16, 2011 To: TRUMP MANOR DEVELOPMENT, LLC 339 PINE ROAD NY 10510 Notice Regarding AttOrne y/A gent Representation Re: Case Number: Date of Filing: . TRUMP MANOR DEVELOPMENT, Employer?s Name: LLC AttorneylAgent?s Name: VICTOR PIZARRO Exemption 6 Occupation: STONEMASONS The Department of Labor (Department) will no longer send to VICTOR PIZARRO currently listed as the employer's agent/attorney on the Application(s) for Permanent Employment Certification, A-10063-88774, any notice or other document pertaining to the filing of the labor certification(s) under 20 CFR 656 and, instead, will send such documents directly to the employer or to the employer?s current agent/attorney if a new one has been appointed by the employer. The Department has taken this action in response to information regarding having been permanently barred from operating any immigration service business in the state of New York by the New York Attorney General for having engaged in fraudulent and illegal business practices. According to the Office of the Attorney General of the State of New York, the illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. It is the Department?s understanding, that as a result of the settlements with the Attorney General?s office, the entities involved were required to notify all former and current clients in writing that theyare no longer providing any immigration-related services and it is, therefore, believed the employer may have engaged a new agent/attorney. Should the employer have done so, it is requested that it inform the Department by completing and returning the attached change of attorney/agent form to the following address: Department Of Labor Employment and Training-Administration Office of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, Georgia 30303 In the absence of such notice from the employer, the Department will send all notices and documentation pertaining to the filing of the application(s) in question directly to the employer. Your immediate attention to this request is appreciated. Sincerely, Atlanta National Processing Center Certifying Of?cer Enclosure Change of Attorney/Agent Form Request for Information to verify Sponsorship Change of Attorney/Agent Form Case A-10063-88774 DEVELOPMENT, LLC Employer name: TRUMP BRIARCLIFF MANOR Please complete this information o_nly if you have elected to designate a new attorney or agent 1. Agent or Attorney's Last Name First Name Middle Initial 2. Firm/Business Name 3. Firm/Business EIN 4. Phone Number Extension 5. Firm/Business Address 1 FirmlBusiness Address 2 6. City State/Province Country Postal Code 7. Email Address 8. AttorneyiAgent Signature 9. Employer Signature US. Department of Labor Employment and Training Administration Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 December 16, 2011 The Atlanta National Processing Center received the employer?s, TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Request for Reconsideration submitted for case number in response to a determination issued by a Certifying Officer on JUNE 11, 2010. However, we cannot process your application ETA Form 9089 until we receive the following additional documentation: The employer must submit to the Certifying Officer a signed statement written on the employer?s letterhead, indicating that the employer was aware that the ETA Form 9089 had been submitted to the National Processing Center, that the job opportunity listed in Section of the ETA Form 9089 is available, and that the employer is sponsoring the alien listed in Section of the ETA Form 9089. The statement must contain the original signature of either the employer?s contact person listed in Section of the ETA Form 9089 or an authorized employee. The additional documentation must be mailed within thirty (30) days of the date of this notice to the following address: Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 Attention: Appeals?? Analyst ID JAB Upon receipt of the requested documentation, processing of the Request for Reconsideration will resume, and the employer will be contacted when we have processed the request. In the event that the employer does not respond to the Additional Information Request, the Certifying Officer will make a decision on the documentation that is available. Per the employer?s request for review or reconsideration the case file may be upheld and forwarded to BALCA. Knowingly furnishing false information in the preparation of this form (ETA Form 9089) or any supplement thereto or to aid, abet, or counsel another to do sois a federal offense punishable by a fine, imprisonment up to five years or both (18 U.S.C.2, 1001). Important note: Pursuant to Code of Federal Regulations (CFR) at 20 CFR a substantial failure by the employer to provide the required documentation will result in the application being upheld under 20 CFR 656.24, and may result in a determination by the Certifying Of?cer to require the employer to conduct supervised recruitment under 20 CFR 656.21 in future filings of labor certification applications for up to 2 years. Moreover, a pattern or practice of failing to comply in the appeals process, which includes but is not limited to, a failure to provide required documentation, pursuant to 20 CFR 656.20, is a ground for debarment of an employer, attorney, agent, or any combination thereof from the permanent labor certification pregram for a period of up to three years under 20 CFR Sincerely, Atlanta National Processing Center, Analyst lD JAB UUN 9? gar/2%? @fWi/ffm? @m/Q?me/w, BRIARCLIFF MANOR, NEW YORK June 22, 2010 Attention: William Carlson Certifying Of?cer US. Department of Labor Atlanta Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA. 30303 Re: Alien?s Nam Employer: TRUNIP BRIARCLIFF MANOR DEVELOPIWENT. OCCUPATION: STONEMASON OES CODE 47-2022.00) Dear Mr. Carlson; REFERNECE IS MADE TO YOUR LETTER REGARDING THE ABOVE MENTIONED CAPTION DATED 11 JUNE 2010. YOUR LETTER INDICATES THAT SEVERAL ATTEMPTS WERE MADE TO CONTACT ME AT MY BUSINESS IT -WAS UNSUCCESSFUL. PLEASE AWARE PASSED AWAY IN THE BEGINNING OF 2010. THEREFOR CONTACT WITH MR. STELLO WILL NOT BE AVAILABLE. I AM GLENN H. NILESLJR ALSO AND BEST KNOWN AS PETE, THE CONTROLLER AND-I AM AUTHORIZED TO SUBMIT AND SIGN THE APPLICATION BEHALF OF. HE ABOVE THE BUSINESS CONTACT INFORMATION READS AS FOLLOWS, TRUMP BRIARCLIFF MANOR DEVELOPMENT 339 PINE RD BRIARCLIFF NY 10510 PLEASE BE AWARE AND THAT AS THE CONTROLLER OF TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC I AM STILL INTERESTED IN PERSUING LABOR CERTIFICATION ON BEHALF OF THE ABOVE IVIENTIONED CAPTION, - ANGEL ROMULO CARCHI-SANMARTIN Should you have further questions please feel free to contact me at either of the above mentioned contact numbers at any time. Your prompt and kind att tion will be greatly appreciated in this matter. . LLER GLENN H. NILES, IR."ch 914?373?6230 100 Shadow Tree Lane, Manor, NY 10510 (914) 944?7 101 Fax (914) 9447130 US. Department of Labor Employment and Training Administration Atlanta Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 June ll, 20?) TRUMP BRIARCLIFF MANOR ETA Case Number: DEVELOPMENT, LLC . c/o VICTOR M. PIZARRO PC Anew, Name: VICTOR M. PIZARRO . . 42_ I 5 CRESCENT ST Occupation. 412022.00 SUITE 304 Lie? NY 1 101 Date of Acceptance for Processing: March 04, 2010 Dear TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC The Department of Labor has made a determination on your Application for Permanent Employment Certification (Form ETA 9089) porsuant to 20 and as required by the Immigration and Nationality Act (INA), as amended. Form ETA 9089 has not been certi?ed. A certi?cation cannot be issued as required by Section 212(a)(5)(A) of the INA, as amended. These reasons are outlined ?in the attachment "Reasons for Denial". A request for review of this denial may be made to Board of_Alien Labor Certi?cation Appeals (BALCA) by the employer. When seeking review of this determination, the request must be in accordance with the following: . The request for review must be in Writing 0 The request must clearly identify the particular labor certi?cation determination from which review is sought 0 The request must set forth the particular grounds for the request The request must include all the documents which accompany this inai Determination form a The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal argument and only such evidence that was within the record _upon Which the denial of the labor certi?cation was based. 0 The request must be mailed to the attention of the Certifying Of?ce who denied the application within 30 calendar days ofthe date ofthe determination. lfthis application was denied because it was incomplete or because the employer did not submit documentation requested by the Certifying Of?cer to ?nalize review of the application by the date speci?ed, the failure to provide the requested documentation in a timely manner constitutes refusal to exhaust available administrative remedies and the employer cannot request review of this denial with BALCA as outlined in ?656.26. Failure to request review within 30 calendar days, as speci?ed in ?656.26, constitutes a failure to exhaust administrative remedies. lfa request for review is not made within 30 calendar days, the denial shall become the ?nal determination of the Secretary. If an application for a labor certi?cation is denied, and a request for review is not made in accordance with the procedures at ?656.26(a) and a new application may be ?led at any timeA new application in the some occupation for the same alien cannot be?led while a request for review is pending with the Board ofAiien Labor Certification Appeals Reconsideration may be requested any time within 30 days from the date of issuance of this denial. The Certifying Of?cer may, in his or her complete discretion, reconsider the determination or treat it as a request for review under Sincerely, William Certifying Of?cer CC: TRUMP BRJARCLIFF MANOR DEVELOPMENT, LLC Enclosure: Reasons for Denial Case Denial Reason The employer?s sponsorship ofthe foreign worker could not be veri?ed. Attempts to contact the employer's listed contact Vinny Stello - 914-944-7101 via: phone calls on 5/28/10, 6/2/10, and 6/7/10 were not successful. Per the regulations, responsibility for the ?ling ofan Application for Permanent Employment Certi?cation rests with the employer. Therefore, that the employer is aware that an application was ?led on its behalfand that the foreign worker named in the application is being sponsored by the employer must be veri?ed with the employer through the contact listed on the application. Because the contact with the employer's contact could not be made, and sponsorship and the employer?s awareness of the application, therefore, could not be veri?ed, the application is denied. AUTHORITY FOR DENIAL: 20 Code of Federal Regulations instructs on how labor certi?cations may be ?led and through (5) all read in part: "An employer seeking a labor certi?cation must ?le under this TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 0/0 VICTOR M. PIZARRO PC VICTOR M. PIZARRO 42-15 CRESCENT ST L.I.C., NY 11101 . US. Department of Labor and Training Administration Atlanta Processing Center is?" Harris Tower 233 Peachtree Street, Suite 4I0 Atlanta, GA 30303 June ll, 2010 TRUMP MANOR ETA Case Number: DEVELOPMENT, LLC VICTOR M. PIZARRO . 424 5 CRESCENT ST Occupation. STONEMASONS, 47-2022.00 SUITE 304 L10, NY 1 1101 Date Processmg: March 04, 2010 Dear TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC The Department of Labor has made a determination on your Application for Permanent Employment Certi?cation (Form ETA 9089} pursuant to 20 CPR ?656.24 and as required by the Immigration and Nationality Act (TNA), as amended. Form ETA 9089 has not been certi?ed. A certi?cation cannot be issued as required by Section 212(a)(5)(A) of the INA, as amended. These reasons are outlined in the attachment "Reasons for Denial?. A request for review of this denial may be made to Board of Alien Labor Certi?cation Appeals (BALCA) by the employer. When seeking review of this determination, the request must be in accordance with the following: The request for review must be in writing 0 The request must clearly identify the particular labor certi?cation determination from which review is sought 0 The request must set forth the particular grounds for the request . The request must include all the documents which accompany this Final Determination form a The request for review, statements, briefs, and other submissions of the parties and amicus curiae must contain only legal argument and only such evidence that was within the record upon which the denial of the labor certi?cation was based. 0 The request must be mailed to the attention of the Certifying Of?ce who denied the application within 30 calendar days of the date of the determination. if this application was denied because it was incomplete or because the employer did not submit documentation requested by the Certifying Of?cer to ?nalize review of the application by the date speci?ed, the failure to provide the requested documentation in a timely manner constitutes refusal to exhaust available administrative remedies and the employer cannot request review of this denial with BALCA as outlined in ?656.26. Failure to request review within 30 calendar days, as speci?ed in ?656.26, constitutes a failure to exhaust administrative remedies. If a request for review is not made within 3'0 calendar days, the denial shall become the ?nal determination of the Secretary. If an application for a labor certi?cation is denied, and a request for review is not made in accordance with the procedures at ?656.26(a) and a new application may be filed at any time/i new application in the same occupation for the same alien cannot be ?led while a request for review is pending with the Board of Alien Labor Certi?cation Appeals . Reconsideration may be requested any time within 30 days from the date of issuance of this denial. The Certifying Of?cer may, in his or her complete discretion, reconsider the determination or treat it as a request for review under Sincerely, William Carlson Certifying Of?cer CC: TRUMP BRJARCLIF MANOR DEVELOPMENT, LLC Enclosure: Reasons for Denial CaSe Denial Reason The employer's sponsorship of the foreign worker could not be veri?ed. Attempts to contact the employer's listed contact Vinny Stello 914-944-7101 via: phone calls on 5/28/10, 6/2/10, and 6/7/10 were not successful. Per the regulations, responsibility for the ?ling of an Application for Permanent Employment Certification rests with the employer. Therefore, that the employer is aware that an application was ?led on its behalf and that the foreign worker named in the application is being sponsored by the employer must'be veri?ed with the employer through the contact listed on the application. Because the contact with the employer's contact could not be made, and sponsorship and the employer?s awareness of the application, therefore, could not be veri?ed, the application is denied. AUTHORITY FOR DENTAL: 20 Code of Federal Regulations 656.10(c) instructs on how labor certi?cations may be ?led and through (5) all read in part: "An employer seeking a labor certi?cation must ?le under this Case Denial Reason The employer's sponsorship of the foreign worker could not be veri?ed. Attempts to contact the employer's listed contactIVinny Stellog; 914-944-7101 viax phone calls on 5128/10, 6/2/10, and 6(7/l0 were not successful. Per the regulations, responsibility for the ?ling of an Application for Permanent. Employment Certi?cation rests with the employer. Therefore, that the employer is aware that an application was ?led on its behalf and that the foreign worker named in the application is being sponsored by the employer must be veri?ed with the employer through the contact listed on the application- Because the contact with the employer's contact c0uld not be made, and Sponsorship and the employer's awareness of the application, therefore, could not be veri?ed, the application is denied. . AUTHORITY FOR DENIAL: 20 Code of Federal Regulations 656.10(c) instructs on how labor certi?cations may be ?led and through (5) all read in part: "An employer seeking a labor certi?cation must ?le under this Exemption 6 Apptication for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 05r30l2011 Please read and review the filing instructions before completing this form. A copy of the instructions can be found at coodf . Employing or continuing to employ an alien unauthorized to work in the United States is illegal and may subject the employer to criminal prosecution, civil money penalties, or both. A. Refiling instructions 1. Are you seeking to utilize the filing date from a previously submitted Application for Alien Employment Certi?cation (ETA 750)? 1-A. If Yes, enter the previous ?ling date I: Yes No 1-B. Indicate the previous SWA or local of?ce case number OR if not available. specify state where case was originally ?led: B. Schedule A or Sheepherder Infon'nation 1. Is this application in SUpport of a Schedule A or Sheepherde'r Occupatitfn? I (Yes No If Yes. do NOT send this application to the Department of Labor. All applications in support of Schedule A or Sheepherder Occupations must be sent directly to the appropriate Department of Homeland Security of?ce. 0. Employer Information (Headquarters or Main Of?ce) 1. Employer?s name TRUMP BRIARCLIFF MANOR DEVELOPMENT. LLC 2, Address 1 339 PINE RD Address 2 3. City StateiProvince Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914?944-7101 224 5. Number of employees 6. Year commenced business 3 5 9 9 6 T. loyer identi?cation Number) 8. Code the employer a closely held corporation. partnership, or sole proprietorship in which the alien has an ownership interest. or is there a familial relationship between?l Yes No the Owners, stockholders, partners, corwte of?cers, incorporators. and the alien? D. Employer Contact information (This section must be ?lled out. This information must be different from the agent or attorney information listed in Section E). First name Middle initial VINNY Contact's last name STELLO 2. Address 1 339 PINE RD Address2 Postal code 1 0 5 1 Cl 3. City StatelProvince BRIARCLIFF NY UNITED STATES OF AMERICA 4. Phone number Extension 914?944-7101 224 5. E?mail address VI CTORMPI ZARROPCGIAOL . COM Country ETA Form 9089 This Certi?cation is valid from to Page I of 1 CI ETA Case Number: OMB Approvai: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06(3012011 ETA Form 9089 U.S. Department of Labor E. Agent or Attorney lnfonnation (If applicable) 1. Agent or attorney's last name First name Middieinitiai PIZARRO VICTOR 2. Firm name VICTOR M. PIZARRO PC 3. Firm 4. Phone number Extension 718?433?3834 5. Addresst 42-15 CRESCENT ST Address 2 SUITE 304 6. City State/Province Country Postal code NY UNITED STATES OF AMERICA 11101 7. E-mail address VICTORMPIZARROPCCODAOL . COM F. Prevailing Wage lnformation,(as provided by the State Workforce Agency) 2. code 1. Prevailing wage tracking number {if applicable) P200812619 474022.00 3. Ocoupation Title 4. Skill Level STONEMASONS Level I 5. Prevailing wage Per: (Choose only one) 13 .33 Hour Week Bi-Weekly Month Year 6. Prevailing wage source (Choose only one) 053 CBA [3 Employer Conducted Survey I: DBA I: SCA Other 5-A. if Other is indicated in question 5, specify: FLC DATASET 7. Determination date 8. Expiration date 11/13/2009 06/30/2010 G. Wage Offer Information 1. Offered wage From: To: (Optional) 13.83 13.33 Per. (Choose only one) Hour [3 Week Bi-Weekly Month Year H. Job Opportunity information (Where work will be performed) 1. Primary worksite (where work is to be performed) address 1 339 PINE RD Address 2 2. City State Postal code BRIARCLIFF NY 10510 3. Job title STONEMASONS 4. Education: minimum level required: EINone DHigh School DAssociate?s DBacheior?s DMaster?s [:lDoctorate DOther 4-A. it Other is indicated in question 4, specify the education required: 4-B. Major ?eld of study 5. is traininr required in theiob opportunity? if Yes, number of months of training required: Yes No - ETA Form 9089 This Certi?cation is valid from to Page 2 of 10 ETA Case Number: -88774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06i30i2011 ETA Form 9039 U.S. Department of Labor H. Job Opportunity Information Continued 5-B. indicate the ?eld of training: 6. Is experience in thejob offered required for thejob? 6-A. if Yes, number of months experience requiredthere an alternate ?eld of study that is acceptable. Yes No If Yes. specify the major ?eld of study: 8. Is there an alternate combination of education and experience that is acceptable? Yes No 8-A. if Yes, specify the alternate level of education required: None Eli-ligh School I lAssociate's : Bachelors Clivlaster?s CIDoctorate DOther 3?8. If Other is indicated in question B-A, indicate the alternate levei of education required: 6-0. If applicable, indicate the number of years experience acceptable in question 8: 9. Is a foreign ed0cational equivalent acceptable? [1 Yes No 10. Is experience in an alternate occupation acceptable? If Yes, number of months experience in alternate occupation required: Yes No 10-B. identify the job title of the acceptabte alternate occupation: 11. Job duties? If submitting by mail, add attachment if necessary. Job duties description must begin in this space. Build stone structures, such as piers, walls, and abutments. Lay walks, curbatones, or special types of masonry for vats, tanks, and floors. 12. Are the job opportunity?s requirements normal for the occupation? Yes No if the answer to this question is No, the empioyer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity. 13. is knowledge of a foreign language required to perfOrm the job duties? i i Yes No if the answer to this question is Yes, the empio yer must be prepared to provide documentation demonstrating that the language requirements are supported by business neCessitz. 14. Speci?c skills or other requirements If submitting by mail, add attachment if necessary. Skills description must begin in this space. NONE ETA Form 9089 This Certi?cation is valid from to Page 3 of 0 ETA Case Number: A- 10 0 E3 8 8774 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Explratlon U.S. Department of Labor H. Job Opportunity Information Continued 15. Does this application involve a job Opportunity that includes a combination of occupations? 16. Is the posmon identi?ed in this application being offered to the alien Identi?ed Yes I: No in Section 17. Does the job require the alien to live on the employer's premises? I: Yes No 18. Is the application for a live-in household domestic service worker? Yes No 18-A. If Yes, have the employer and the alien executed the required employment I: Yes El NO I: NA contract and. has the employer provided a copy ofthe contract to the alien? I. Recruitment Information 3. Occupation Type - All must complete this section. 1. is this application for a professional occupation. other than a college or university teacher? Professional occupations are those for which a bachelors I: Yes No degree (or equivalent) is normally required. 2. is this application for a college or university teacher? it Yes. complete questions 2-A and 2-5 below. Elves No 2-A. Did you select the candidate using a competitive recruitment and selection process? Yes No 2-8. Did you use the basic recruitment process for professional occupations? l: Yes i: No b. Special Recruitment and Documentation Procedures for College and University Teachers - Complete only if the answer to question l.a.2-A is Yes. 3. Date alien selected: 4. Name and date of national professional journai in which advertisement was placed: 5. Specify additional recruitment information in this space. Add an attachment if necessary. c. ProfessionaiVNon-Professional information Complete this section unless your answer to question 3.1 or l.a.2-A is YES. 6. Start date for the SWA job order 7. ?End date for the SWA job order 1 12/10/2009 01/09/2010 8. is there a Sunday edition of the newspaper in the area of intended employment? Yes I: No 9. Name of newspaper {of general circulation) in which the ?rst advertisement was placed: JOURNAL NEWS 10. Date of ?rst advertisement identi?ed in question 11. Name of newspaper or professional journal (ifapplicable) in which second advertisement was placed: JOURNAL NEWS Newspaper [onurnai ETA Form 9089 This Certi?cation is valid from to Page 4 of 1 ETA Case Number: ?88774 Exemption 6 Application for Permanent Employment Certification ETA Form 9089 - U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 06/309011 I. Recruitment information Continued 12. Date of second newspaper advertisement or date of publication ofjournal identi?ed iri question 11: 12/20/2009 d. Professional Recruitment Information Complete if the answer to question l.a.1 is YES or if the answer to i.a.2-B is YES. Complete at least 3 of the items. 13. Dates advertised at job fair 14. Dates of on-campus recruiting From: To: From: To: 15. Dates posted on employer web site 16. Dates advertised with trade or professional organization From: To: From: To: 17. Dates listed with job search web site 18. Dates listed with private employment ?rm From: To: From: . To: 19. Dates advertised with employee referral program 20. Dates advertised with campus placement of?ce From: To: From: To: 21 Dates advertised with local or ethnic newspaper 22. Dates advertised with radio or TV ads From: To: From: To: e. General Information All must complete this section. 23. Has the employer received payment of any kind for the submission of this _application? Yes No 23-A. If Yes, describe details of the payment including the amount, date and purpose of the payment 24. Has the bargaining representative for workers in the occupation in which the alien will be employed been provided with notice of this ?ling at least 30 days but not more than 180 days before the date the application is ?led? Elves mm NA 25. If there is no bargaining representative, has a notice of this ?ling been posted for 10 business clays in a conspicuous location at the place of employment, ending at least 30 days before but not more than 180 days before the date the application is ?led? Yes No NA 26. Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the ?ling of this application? 26-A. if Yes, were the laid off US. workers noti?ed and considered forthe job opportunity for which certi?cation is sought? DYes END J. Alien lnfonnation (This section must be filled out. This information must be different from the agent 0r attorney information listed in Section E). 1. Allen's last name ame 2. Current address 1 3. Citi State/Province Country Postal code UNITED STATES OF AMERICA 4. Phone number of current residence 5. Country of citizenship 6. Country of birth ECUADOR ECUADOR Alien?s date of birth . 8. Class of admission an 9. Alien registration number 10. Alien admission number (l-94) NONE NONE 11. Education: highest level achieved relevant to the requested occupation: None I: High School Associates Bacheiors I: Master's I: Doctorate Other ETA Form 9089 This Certi?cation is valid from to Page 5 of 10 ETA Case Number: A-10063 -BB774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: Form U.S. Department of Labor J. Alien Information Continued 11-A. lf Other indicated in question 11, specify 12. Specify major ?eld(s) of study 13. Year relevant education completed 14. Institution where releVant education specified in question 11 was received 15. Address 1 of conferring institution Address 2 16. City StateIProvinoe Country Postal code 17. Did the alien complete the training required for the requested job opportunity. as indicated in question EYES No NA 18. Does the alien have the experience as required for the requested job opportunity indicated in question Yes No NA 19. Does the alien possess the alternate combination of education and experience as indicated in question DYes El No NA 20. Does the alien have the experience in an alternate occupation speci?ed in question'H.10? DYes N0 NA 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? I: Yes No NA 22. Did the employer pay for any of the alien's education or training necessary to satisfy any ofthe employer's job requirements for this position? [3 Yes No 23. is the alien currently emptoyed by the petitioning empIOyer? K. Alien Work Experience List all jobs the alien has held during the past 3 years. Also list any other experience that quali?es the alientor the job opportunity for which the employer is seeking certi?cation. a. Job 1' 1. Employer name TRUMP BRIARCLI FF MANOR DEVELOPMENT . LLC 2. Address 1 339 PINE RD Address 2 3. City State/Province Country Postal code BRIARCLIFF MANOR NY UNITED STATES OF AMERICA 1 0510 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week centinued on next page ETA Form 9089 This Certi?cation is valid from to I Page 6 oflO ETA Case Number: A-10063-88774 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date. 05130/2011 ETA Form 9089 U.S. Department of Labor K. Alien Work EXperience Continued 9. Job details (duties performed, use of tools, machines. equipment, skills, quali?cations. certi?cations. licenses, etc. Include the phone number of the employer and the name of the alien's supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. 15. Job 2 1. Employer name DISENAR 2. Address 1 CUENCA BENIGNO MALO 7-59 SUCRE Address 2 3. City State/Province Country Postal code CUENCA ECUADOR 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week 05/28/1990 09/23/1997 40 9. Job details (duties performed, use of tools, machines, equipment, skills, quali?cations, certi?cations, licenses. etc. Include the phone number of the employer and the name ofthe alien's supervisor.) Build stone structures, such as piers, walls, and abutments. La?yr walks, curbstones, or special types of masonry for vats, tanks, and flecrs. . Job 3 . Employer name 7 2. Address 1 n?L Address 2 3. City StateiProvince Country Postal code 4. Type of business 5. Job title 6. Start date 7. End date - 8. Number ofhours worked perweek ?q Job 3 continued on next page ETA Form 9089 This Certi?cation is valid from to Page 7 of 1 0 ETA Case Number: A- 10063 - 38774 Exemption 6 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor 9. OMB Approval: 1205-0451 Expiration Date: 06/30l2011 K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills, quali?cations, certi?cations, licenses, etc. include the phone number of the employer and the name of the alien?s supervisor.) L. Alien Declaration declare under penalty of perjury that Sections and are true and correct. i understand that'to knowingly furnish false iniormation'in the preparation of this form and any supplement thereto or to aid, abet, or Counsel another to do so is a federal offense punishableby a fine 0r imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other. penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U.8.C. 1546 and 1621. inaddition, 1 further declare under penalty of perjury that I intend to accept the position offered in Section of this application if a labor certi?cation is approved and I am granted a visa or an adiustment of status based on this applicatrbn. 1. Allen?s last name i signed a 06/233/020/0 Nate - The Sigh?alre and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing. but must be complete when submitting by mail. lfthe application is submitted electronically, any resulting certi?cation MUST be signed immediately Upon receipt from DOL before it can be submitted to USCIS for ?nal processing. M. Declaration of Preparer . hereby certl?r thatl have prepared this application at the direct request of the employer listed in Section and that to the best of my knowledge the information contained herein is true and correct. i understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a ?ne, imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as 'well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U.S. C. 1546 and 1621. 1. Was the application completed bme employer? If No, you must complete this section. 2. Preparer's last name First name Middle initial ROJAS CAROLINA 3. Title SEC RY 4. ii ad ress CTOR .5. SIEW Date stoned Note? The signature and date signed do not have ?lled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting in mail. lithe application is submitted electronically, any resulting certi?cation MUST be signed immediately upon receiptfrom DOL before it can be submitted to USCIS for ?nal processing. . ETA Form 9089 This'Certi?catiOn is valid from Page 3 of 10 ETA Case Number: A-10063-88774 OMB Approval: 1'20540451? Application tor Permanent Employment Cedification gt. USS. Department of Labor N. Employer-Declaration By virtue of my signatore-beiow, i HEREBY CERTIFY the following conditions ofempioyment' 1. The offered wage equals orexcews the prevailing wageand i will pay vatiieasttheprevailing wage. The wage is not,based on commissions. bonuses Or other incentives. unless I guarantees a wage paid on a weekly. bi-weekiy, or basisithat equals or exceeds the prevailing wage. l, have enough funds available to pay the wage ?or salary offered the alien. i will be able to place-the alien on'the payroll on? Or before the date of the alien's proposed entrance into?the United States, I I 5: Theljob opportunity does notinvolve unlawful discrimination by race, creed. cplor, national origin, religiOn, handicapr 6. The job opportunity-telnet: I a. Vacant because the former occupant is on strike or'is? being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work? stoppage. The job opportunity's terms. conditions, and occupational environment are-not contrary to Federal, state or local law. 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity we're rejected'for lawfuljob-related reasons. 10; Thejob. opportunity pen?nanentempl'oyment for?an-employ?er other thanhthealien?. hereby designate the agent 0r attorney identi?ed insection E?tif any) for the purpose o'f'labor certi?cationandi by virtue of my signature in Block 3_ below,- lita'l-ie'fullrresponslbility fer the accuracy of any representations made by myagen't orattorney. dec?lareg'under penalty of?p?rjury?thatl haye read and reviewed this, application and that to the best of my knot-visage the informationcontained. herein is true and accurate. i understand that to knowingiy furnish, false information in the. preparation of this ionn and any'suppfement theretoof to aid, abet, or counsel another to do so is a iederai offenSe punishable by a? fine or imprisonment up to ?veyears or both under 78 2 and 100?. Other penalties apply as weft to fraud or misuse of ETA immigration documents and to peijmy with respect to such documents-under 18. U. SIC. 1546 and 1621. 1. kLa?stname- 0 Jay A rFirstnamg/V Wieihitiat 2. Title I. ii?nat atesi ne we we zip: Note? The signature and date signed do not have to be ?lled'out when electronically submitting to the Department of. Labor for?proces's'ing, .but must be complete when submitting by. mail. lithe application is sob-mined electronically. any resulting certi?cation MUST be signed immediately upon receipt from DOL before itcan be submitted to for ?nal processing. Q. GOVernment Agency Use Only Pursuantto the provisions of Section 212 (exam) of the Immigration'and Nationality Act, as amended, l, hereby-certify lhatthere are not suf?cient US. workers available andthe'employment ofthe above-will not adversely affect the wages and Working conditions 'of Workers in the US. similarly 'This Certi?cation is valid fiorn. to. Signature?o'f Certifying ?Of?cer Date Signed A-10053-88774 03/04/2010 Case: Number Filing Date ETA 505219039 .?is?Certi?cation is valid from . - Page-9 offl ETA Case?Nimec'r; Pr 1 0.53 a 97 7 4 o- OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: ETA Form 9089 US. Department of Labor P. 0MB Information Papenrvork Reduction Act information Control Number 1205-0451 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent's reply to these reporting requirements is required to obtain the bene?ts of permanent employment certi?cation (Immigration and Nationality Act, Section Public reporting burden for this collection of information is estimated to average 1% hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding this burden estimate to the Division of Foreign Labor Certi?cation U.S. Departmentof Labor? Room C4312 200 Constitution Ave, Washington, DC 20210. Do NOT send the completed application to this address. 0. Privacy Statement Information In accordance with the Privacy Act of 19?4, as amended (5 U.S.C. 552a), you are hereby noti?ed that the information provided herein is protected underthe Privacy Act. The Department of Labor (Department or DOL) maintains a System of Records titled Employer Application and Attestation File for Permanent and Temporary Alien Workers that includes this record. Under routine uses for this system of records. case ?les developed in processing labor certi?cation applications, iabor condition applications, or labor attestations may be released as follows: in connection with appeals of denials before the DOL Of?ce of Administrative Law Judges and Federal courts, records may be released to the employers that ?led such applications, their representatives, to named alien bene?ciaries or their representatives, and to the DOL Of?ce of Administrative Law Judges and Federal courts; and in connection with administering and enforcing immigration laws and regulations. records may be released to such agencies as the DOL- Of?ce of Inspector General, Employment Standards Administration, the Department of Homeland Security, and the Department of State. Further relevant disclosures may be made in accordance with the Privacy Act and under the following circumstances: in connection with federal litigation; for law enforcement purposes; to authorized parent locator persons under Pub. L. 93-647; to an information source or public authority in connection with personnel, security clearance, procurement, or bene?t-related matters; to a contractor or their employees, grantees or their employees, consultants, or volunteers who have been engaged to assist the agency in the performance of Federal activities; for Federal debt collection purposes; to the Of?ce of Management and Budget in connection with its legislative review, coordination, and clearance activities; to a Member of Congress or their staff in response to an inquiry of the Congressional of?ce made at the written request of the subject of the record; in connection with records management; and to the news media and the public when a matter under investigation becomes public knowledge, the Solicitor of Labor determines the disclosure is necessary to preserve con?dence in the integrity of the Department, or the Solicitor of Labor determines that a legitimate public interest exists in the disclosure of information. unless the Solicitor of Labor determines that disclosure would constitute an unwarranted invasion of personal privacy. ETA Form 9089 This Certi?cation is valid from to Page 10 of ETA Case Number: Exemption 6 OMB Approval: 1205-0451 Expiration Date: 0650/2011 Application for Permanent EmpIOyment Certificatioh ETA Form 9059 U.S. Department of Labor Please read and review the filing instructions before completing this form. A copy _of the instructions can be found at Cp.pdf . Employing or continuing to employ an alien unauthorized to work in the United States is illegal and may subject the employer to criminal prosecution, civil money penalties, or both.. A. Refiling Instructions 1. Are youseeking to utilize the filing date from a previously submitted Application for Alien Employment Certification (ETA 750)? 1-A. If Yes, enter the previous filing date I: Yes 1-B. Indicate the previous SWA or local office case number OR if not available, specify state where case was originally ?led: 8. Schedule A or Sheepherder information 1. is this application in support of a Schedule A or Sheepherder OccupationYes. do NOT send this application to the Department of Labor. All applications in support of Schedule A or Sheepherder Occupations must be sent directly to the appropriate Department of Homeland Security of?ce. C. Employer information (Headquarters or Main Office) 1. Employer's name TRUMP BRIARCLIFF MMOR DEVELOPMENT, LLC 2. Addresst 339 PINE RD Addre532 3. City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914-944-7101 224 5. Number of employees 6. Year commenced business 35 1996 7. Federal Employer Identi?cation Number) 8. NAICS Code 238140 9. Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate of?cers, incorporators, and the alien? Ites _.No vD. Employer Contact Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). First name Middle initial VINNY 1. Co ntact's last name STELLO 2. Address 1 339 PINE RD Address 2 Postal code 1 0 5 10 3. City StatelProvince BRIARCLIFF NY UNITED STATES OF AMERICA Oeuntry 4. Phone number Extension 914-944-7101 224 5. E?mail address. . COM ETA Form 9089 Page 1 of 10 This Certi?cation is valid from to ETA Case Number: A- 1 0063 - 3?87 74 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06/30/2011 ETA Form 9089 U.S. Department of Labor E. Agent or Attorney Information (If applicable) 1. Agent or attorney's last name First name . .Middle initial PIZARRO VICTOR 2. Firm name VICTOR M. PIZARRO PC 3. Firm EIN 4. Phone number Extension 718-433?3834 5. Address 1 42-15 CRESCENT ST Address 2 SUITE 304 6. City StatelProvince Country Postal code L-I-C- - - NY UNITED STATES OF AMERICA 11101 7- E-mail address VICTORMPIZARROPCCQAOL . COM F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number (if applicable) 2. code 47-2022.00 3. Occupation Title - 4. Skill Level STONEMASONS Level I 5. Prevailing wage Per: (Choose only one) ?13 . 33 Hour i?I Week I?_l Bi-Weekly I?l Month Year 6. Prevailing wage source (Choose only one) I: OES CBA El Employer Conducted Survey DEA SCA . Other B-A. If Other is indicated in question 6. specify: FLC DATASET 7. Determination date 8. Expiration date 11/13/2009 06/30/2010 G. Wage Offer Information 1. Offered wage From: To: (Optional) Per: (Choose only one) 13.83 13 .33 Hour Week I: BivWeekly Month Year H. Job Opportunity Information (Where work will be performed) 1. Primary worksite (where work is to be performed) address 1 339 PINE RD Address 2 2. City State Postal code -BRIARCLIFF NY 10510 3. Job title STONEMASONS 4 Education: minimum level required: None EIHigh School El Bachelor's ElDoctorate EOther 4-A. If Other is indicated in question 4, specify the education required: 4-B. Major field of study 5. is training required in the job opportunity? 5-A. lers, number of months of training required: Yes I No ETA FOrm 9089 This Certi?cation is valid [Tom I - - to Page 2. of 1 ETA Case Number: 11-10063 -88774 Approval: 1205?0451 Application for Permanent Employment Certification Expiration Date: 06/30/2011 ETA Form 9089 US. Department of Labor H. Job Opportunity Information Continued 5-8. Indicate the ?eld of training: 6. Is experience in thejob offered required forthe job? 6-A. If Yes, number of months experience requiredthere an alternate ?eld of study that is acceptable. El Yes No 7-A. If Yes, specify the major field of study: 2 8. Is there an alternate combination of education and experience that is acceptable? I: Yes No 8-A. If Yes, specify the alternate level of education required: None DHigh School DAssociate'si lBachelor?s DMaster?s DDoctorate : Other B-B. it Other is indicated in question 8-A, indicate the alternate level of education required: 8?0 If applicable, indicate the number of years experience acceptable in question 8: 9. Is a foreign educational equivalent acceptable? Yes N0 10. is experience in an alternate occupation acceptable? 10-A. it Yes, number of months experience in alternate occupation required: . l:l Yes No 10-B. Identify the job title of the acceptable alternate occupation: 11. Job duties If submitting by mail, add attachment if necessary. Job duties description must begin in this space. Build stone structures, such as piers, walls, and abutments. Lay walks, curbstonee, or special types of masonry for vats, tanks, and floors. 12. Are the job opportunity's requirements normal for the occupation? Yes I I No If the answer to this question is No, the employer must be prepared to - provide documentation demonstrating that the job requirements are supported by business necessity. 13. is knowledge of a foreign language required to perform the job duties? El No If the answer to this question is Yes! the employer must be prepared to provide documentation demonstrating that the language requirements are supported by business necessity. 14. Specific skills or other requirements If submitting by mail, add attachment if necessary. Skills description must begin in this space. NONE ETA Form 9089 This Certi?cation is valid from to Page 3 of 1 0 ETA Case Number: A-10063 ?88774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: Form U.S. Department of Labor H. Job Opportunity Information Continued 15. Does this application involve a job opportunity? that includes a combination of occupations? EYES 15. is the posmon identified In this application being offered to the alien Identi?ed Yes I: No in Section 17. Does the job require the alien to live on the employer?s premises? El Yes No 18. Is the application for a live-in household domestic service worker? I: Yes NO 18-A. If Yes. have the employer and the alien executed the required employment Yes I I NO NA contract and has the employer provided a copy of the contract to the alien? I. Recruitment Information a. Occupation Type All must complete this section. 1. Is this application for a professional occupation, other than a college or university teacher? Professional occupations are those for which a bachelor?s Yes degree (or equivalent) is normally required. 2. Is this application for a college or university teacher? if Yes, complete questions 2-A and 2-3 below. N0 2-A. Did you select the candidate using a competitive recruitment and selection process? Yes 2-8. Did you use the basic recruitment process for professional occupations? I: Yes I: No b. Special Recruitment and Documentation Procedures for College and University Teachers -- Complete only if the answer to question l.a.2-A is Yes- 3. Date alien selected: 4. Name and date of national professional journal in which advertisement was placed: 5. Specify additional recruitment information in this space. Add an attachment if necessary. c. Professional/Non-Professional Information Complete this section unless your answer to question 8.1 or l.a.2-A is YES. 6. Start date for the SWA job order 7. End date for the SWA job order 12/10/2009 01/09/2010 8. Is there a Sunday edition of the newspaper in the area of intended employment? Yes I: No 9. Name of newspaper (of general circulation) in which the ?rst advertisement was placed: JOURNAL NEWS 10. Date of first advertisement identified in question 11. Name of neWSpaper or professional journal (ifapplicabie) in which second advertisement was placed: JOURNAL NEWS Newspaper Bloomer ETA Form 9039 . This Certi?cation is valid ?'om to Page 4 of ETA Case Number: ?88774 Exemption 6 OMB Approval: 1205-0451 Expiration Date: 06/30l2011 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor I. Recruitment Information Continued 12. Date of second newspaper advertisement or date of publication of journal identri?ed in question 11: 12 /2 0/2 0 09 of. Professional Recruitment informa tion Complete if the answer to question l.a.'l is YES or if the answer to l.a.2-B is YES. Complete at least 3 of the items. 13. Dates advertised at job fair 14. Dates of on-campus recruiting From: To: From: To: 15. Dates posted on employer web site 16. Dates advertised with trade or professional organization From: To: From: To: 17. Dates listed with job search web site 18. Dates listed with private employment firm From: To: From: To: 19. Dates advertised with employee referral program 20. Dates advertised with campus placement of?ce From: To: From: To: 21. Dates advertised with local or ethnic newspaper 22. Dates advertised with radio or TV ads - From: To: From: To: e. General information All must complete this section. Has the employer received payment of any kind for the submission of this application? I: Yes No 23-A. lf Yes, describe details of the payment including the amount, date and purpose of the payment 24. Has the bargaining representative for workers in the occupation in which the alien will be employed been provided with notice of this filing at least 30 days but not more than 180 days before the date the application is ?led? 25. if there is no bargaining representative has a notice of this ?ling been posted for 10 business days in a conspicuous location at the place of employment, ending at least 30 days before but not more than 180 days before the date the application is ?led? Yes No "i 26. Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the ?ling of this application? No- 26-A. If Yes, were the laid off U.S. workers notified and considered for the job opportunity for which certification is sought? _ Yes J. Alien Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). Address .9 .Country STATES OF AMERICA me? 4. Murrent residence 5. Country ofcitizenship 5. Country of birth ECUADOR ECUADOR 7. Allen?s'date of birth 8. Class of admission . EWI 9. Alien registration number 10. Alien admission number (l-94) NONE NONE 7 . 11. Education: highest level achieved relevant to the requested occupation: None High School '1 Associate's I: Bachemr's I: Master's Doctorate Other ETA Form 9089 This Certi?cation is valid from to Page 5 of 0 ETA Caste Number: OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 0613012011 ETA Form 9089 U.S. Department of Labor J. Alien Information Continued 11-A. If Other indicated in question 11, specify 12. Specify major ?eld[s) of study 13. Year relevant education completed 14. Institution where relevant education speci?ed in question 11 was received 15. Address 1 of conferring institution Address 2 16. City State/Province Country Postal code 17. Did the alien complete the training required for the requested job opportunity, as indicated in 'question I Iv?sL 18. Does the alien have the experience as required for the requested job opportunity indicated in question Yes I I I NA 19. Does the alien possess the alternate combination of education and experience - as indicated in question I IYes I I No I NA 20. Does the alien have the experience in an alternate occupation speci?ed in question I: Yes ND NA 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to thejob opportunity requested? I IYes I I INA 22. Did the employer pay for any of the alien?s education or training necessary to satisfy any of the employer?s job requirements for this position? No 23, is the alien currently employed by the petitioning employer? K. Alien Work Experience List all jobs the alien has held during the past 3 years. Also list any other experience that quaii?es the alien for the job opportunity for which the employer is seeking certification. a. Job 1 1. Employer name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address 1 33 9 VPINE RD Address 2 3. City StateJProvince Country Postal code BRIARCLIFF MANOR NY UNITED STATES OF AMERICA 10 510 4. Type of business 5. Job title CONTRACTORS STONEMASONS I 6. Start date 7. End date 8. Number of hours worked per week 06/01/2009 40 . I. . Job 1 continued on next page ETA Form 9089 This Codi?cation is valid from to Page 6 of 10 ETA Case Number: A-10063-88774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 0680/2011 ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Centinued 9. Job details (duties performed, use of tools, maChines, equipment. skills, qualifications. certifications, licenses, etc. Include the phone number of the employer and the name of the alien's supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones. or special types of masonry for varts, tanks, and floors. b. Job 2 1. Employer name DISENAR 2. Address 1 CUENCA BENIGNO MALO 7-59 SUCRE Address 2 3. City State/Province Country Postal code CUENCA ECUADOR 4. Type of business 5. Job title CONTRACTORS STONEMASONS 5. Start date 7. End date 8. Number of hours worked per week 05/28/1990 09/23/1997 40 . 9. Job details (duties performed, use of tools, machines, equipment, skills, qualifications, certifications, licenses, etc. include the phone number of the employer and the name of the alien?s supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones. or special types of masonry for vats, tanks, and floors. 0. Job 3 1. Employer name 2. Address 1 Address 2 3. City State/Province - Country Postal code 4. Type of business 5. Job title 6. Stan date 7. End date 8. Number of hours worked per week Job 3 continued on next page 45 ETA Form 9089 This geni?Cation is valid from to . Page 7 of 10 ETA Case Number: Ill?10063 -83774 Exemption 6 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 06/30/2011 K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills. quali?cations, certifications. licenses, etc. Include the phone number of the employer and the name of the aliens supervisor.) L. Alien Declaration declare Under penalty of perjury that Sections and are true and correct. understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of TA immigration documents and to perjury with respect to such documents under 18 U.S.C. 1546 and 1621. in addition, further declare under penalty of perjury that intend to accept the position offered in Section of this application if a labor certification is approved and lam granted a visa or an adjustment of status based on this applica tion. 1 - name 2. Signature Date signed Note - The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing, but must be cemplete when submitting by mail. if the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. M. Declaration of Preparer 1. Was the application completed by the employer? If No, you must complete this section. El Yes No hereby certify that have prepared this application at the direct request of the employer listed in Section and that to the best of my knowledge the information contained herein is true and correct. i understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid. abet, or counsel anather to do so is a federal offense punishable by a fine, imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of TA immigration documents and to perjury with respect to such documents under 18 U.S.C. 1546 and 1621. First name Middle initial CAROLINA 2. Prepareris last name ROJAS 3. Title SECRETARY 4. E?mail address . VI CTORMPI . COM 5. Signature Date signed Note? The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. -If the application is submitted electronically. any resultingcerti?cation MUST be signed immediately upon receipt from OOL before it can be submitted to USCIS for ?nal processing. ETA Form 9089 This Codi?cation is valid from to Page 8_of 10 ETA Case Number: 11-10053 -38774 OMB Approval: 1205-0451 Application for Permanent Employment Codification Expiration Date. 06/30/2011 ETA Form 9089 U.S. Department of Labor N. Employer Declaration By virtue of my signature below, HEREBY CERTIFY the following conditions of employment: 1. The offered wage equals or exceeds the prevailing wage and i will pay at least the prevailing wage. The wage is not based on commissions, bonuses or other incentives, unless I guarantees a wage paid on a weekly, bi-weekly, or basis that equals or exceeds the prevailing wage. 3. have enough funds available to pay the wage or salary offered the alien. 4. i will be able to place the alien on the payroll on or before the date of the alien's proposed entrance into the United States. 5. Thejob opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship. 6. The job opportunity is not: a. Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work stoppage. T. The job opportunity's terms, conditions. and occupational environment are not contrary to Federal, state or local law. 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. 10. The job opportunity is for full-time, permanent employment for an employer other than the alien- I hereby designate the agent or attorney identi?ed in section (if any) to represent the for the purpose of'labor certi?cation and. by virtue of my signature in Block 3 below, i take full responsibility for the accuracy of any representations made by my agent or attorney. I declare under penalty of perjury that have read and reviewed this application and that to the best of my knowledge the information contained herein is true and accurate. i understand that to knowingly furnish false information in the preparatiOn of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to live years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration dOCuments and to perjury with respect to such documents under 18 U.S. C. 1545 and 1621. 1. Last name First name Middle initial STELLO VINNY 2. Title PRESIDENT 3. Signature Date signed Note The signature and date signed do not have to be filled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. O. U.S. Government Agency Use Only Pursuant to the provisions of Section 212 of the Immigration and Nationality Act, as amended, I hereby certify that there are not suf?cient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S.-similarly employed. This Certi?cation is valid from Signature of Certifying Of?cer Date Signed A-10063-88774 03/04/2010 Case Number Filing Date ETA Form 9039 This Certi?cation is valid from _to. Page 9 of 1d ETA Case Number: 438774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06i30i2011 ETA Form 9039 U.S. Department of Labor P. OMB Information Paperwork Reduction Act information Controi Number 1205-0451 Persons are not required to respond to-this Collection of information unless it displays a currently yalid OMB control number. Respondent?s reply to these reporting requirements is required to obtain the benefits of permanent employment certification (Immigration and Nationality Act, Section Public reperting burden for this collection of information is estimated to average 11.4 hours per response, including the time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Division of Foreign Labor Certi?cation U.S. Department of Labor Room C4312 200 Constitution Ave., NW Washington, DC 20210. Do NOT send the completed application to this address. Q. Privacy Statement Infarmation In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), you are hereby noti?ed that the information provided herein is protected under the Privacy Act. The Department of Labor (Department or DOL) maintains a System of Records titled Employer Application and Attestation File for Permanent and Temporary Alien Workers that includes this record. Under routine uses for this system of records, case files deVeloped in processing labor certi?cation applications, labor condition applications, or labor attestations may be released as follows: in connection with appeals of denials before the DOL Of?ce of Administrative Law Judges and Federal courts, records may be released to the employers that ?led such applications, their representatives, to named alien bene?ciaries or their representatives, and to the DOL Of?ce of Administrative Law Judges and Federal courts; and in connection with administering and enforcing immigration laws and regulations, records may be released to such agencies as the DOL Office of Inspector General, Employment Standards Administration, the Department of Homeland Security, and the Department of State. Further relevant disclosures may be made in accordance with the Privacy Act and under the following circumstances: in connection with federal litigation; for law enforcement purposes; to authorized parent locator persons under Pub. L. 93-647; to an informatiOn source or public I authority in connection with personnel, security clearance, procurement, or bene?t?related matters; to a contractor or their employees, grantees or their employees, consultants, or volunteers who have been engaged to assist-the agency in the performance of Federal activities; for Federal debt collection purposes; to the Of?ce of Management and Budget in connection with" its legislative review, coordination, and clearance activities; to a. Member of Congress or their staff in response to an inquiry of the Congressional of?ce made at the written request of the subject of the record; in connection with records management; and to the news media and the public when a matter under investigation becomes public knowledge, the Solicitor of Labor determines the disclosure is necessary to preserve con?dence in the integrity of the Department, or the Solicitor of Labor determines that a legitimate public interest exists in the disclosure of information, unless the Solicitor of Labor determines that disclosure would constitute an unwarranted invasion of personal privacy. ETA Form 9089 - - ThisACeni?cation is valid from . to Page 10 of 10 ETA Case Number: 438774 Exemption 6 OMB Approval: 1205-0451 Expiration Date: 11/30/2017 Application for Permanent Employment Certi?cation ETA Form 9089 U.S. Department of Labor Please read and review the filing instructions before completing this form. A copy of the instructions can be found at Employing or continuing to employ an alien unauthorized to work in the United States is illegal and may subject the employer to criminal prosecution, civil money penalties, or both. A. Refiling Instructions 1. Are you seeking to utilize the filing date from a previously submitted Application for Alien Employment Certification (ETA 750)? No Cl Yes 1-A. If Yes, enter the previous filing date 1-B. Indicate the previous SWA or local office case number OR if not available, specify state where case was originally filed: B. Schedule A or Sheepherder Information 1. Is this application in support of a Schedule A or Sheepherder Occupation? I I lYeS MlNo If Yes, do NOT send this application to the Department of Labor. All applications in support of Schedule A or Sheepherder Occupations must be sent directly to the appropriate Department of Homeland Security of?ce. C. Employer Information (Headquarters or Main Office) 1. Employer's name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address1 339 PINE RD Address 2 3. City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914?944?7101 224 5. Number of employees 6. Year commenced business 3 5 19 96 ployer Identification Number) 8. NAICS Code emp oyer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien? El Yes No D. Employer Contact Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). First name Middle initial 1. Contact's last name STELLO 2. Address?l 339 PINE RD Address 2 3. City BRIARCLIFF Postal code 1 0 5 1 Ci State/Province NY Country UNITED STATES OF AMERICA Extension 2 2 4 4. Phone number 914-944?7101 5. E?mail address . COM ETA Form 9089 ETA Case Number: A-10063 88774 This Certi?cation is valid from to Page 1 of 1 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration D819: Form U.S. Department of Labor E. Agent or Attorney Information (If applicable) 1. Agent or attorney's last name First name Middle initial PIZARRO VICTOR 2. Firm name VICTOR M. PIZARRO PC 3. Firm EIN 4. Phone number Extension 718?433?3834 5. Address 1 42?15 CRESCENT ST Address 2 SUITE 304 6. City State/Province Country Postal code L.I.C. NY UNITED STATES OF AMERICA 11101 7. E-mail address F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number (if applicable) 2. code P200812619 47?2022.00 3. Occupation Title 4. Skill Level STONEMASONS Level I 5. Prevailing wage Per: (Choose only one) 13.83 Hour Week Bi-Weekly Month Year 6. Prevailing wage source (Choose only one) 0E3 El CBA El Employer Conducted Survey DBA SCA Other B-A. If Other is indicated in question 6. specify: FLC DATASET 7. Determination date 8. Expiration date 11/13/2009 06/30/2010 G. Wage Offer Information 1. Offered wage From: To: (Optional) Per: (Choose only one) 13.83 13.83 Hour [1 Week Bi-Weekly Month Year H. Job Opportunity Information (Where work will be performed) 1. Primary worksite (where work is to be performed) address 1 339 PINE RD Address2 2. City State Postal code BRIARCLIFF NY 10510 3. Job title STONEMASONS 4. Education: minimum level required: None :lHigh School l: Bachelor?s : Doctorate l: Other 4-A. If Other is indicated in question 4, specify the education required: 4-B. Major field of study 5. Is trainin required in fie job opportunity? S-A. Iers, number ofmonths of training required: dYes No ngZoflO ETA Case Number: ?88774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 ETA Form 9089 U.S. Department of Labor H. Job Opportunity Information Continued 5-B. Indicate the field of training: 6. Is experience in the job offered required for the job? 6-A. If Yes, number of months experience requiredthere an alternate field of study that Is acceptable. Yes No T-A. If Yes, specify the major field of study: 8. Is there an alternate combination of education and experience that is acceptable? Yes NO 8-A. lf Yes, specify the alternate level of education required: None High School Associate?s I lBachelor's Master's l: Doctorate 8-8. If Other is indicated in question S-A, indicate the alternate level of education required: 8-0. If applicable, indicate the number of years experience acceptable in question 8: 9. Is a foreign educational equivalent acceptable? Yes No 10. Is experience in an alternate occupation acceptable? 10-A. If Yes, number of months experience in alternate occupation required: I: Yes No 10-8. Identify the job title of the acceptable alternate occupation: 11. Job duties If submitting by mail, add attachment if necessary. Job duties description must begin in this space. Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. 12. Are the job opportunity's requirements normal for the occupation? Yes No if the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity. 13. Is knowledge of a foreign language required to perform the job duties? Yes No if the answer to this question is Yes, the employer must be prepared to provide documentation demonstrating that the language requirements are supported by business necessity. . 14. Speci?c skills or other requirements If submitting by mail, add attachment if necessary. Skills description must begin in this space. NONE ETA Form 9089 This Certification is valid from _?to Page 3 of ETA Case Number: ?887'74 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date. 11/30/2017 ETA Form 9089 U.S. Department of Labor H. Job Opportunity Information Continued 15. Does this application involve a job opportunity that includes a combination of occupations? EYES 16. Is the posmon identified in this application being offered to the alien identified Yes NO in Section 17'. Does the job require the alien to live on the employer?s premises? Yes No 18. Is the application for a live-in household domestic service worker? I: Yes NO Iers, have the employer and the alien executed the required employment Eyes I: No NA contract and has the employer provided a copy of the contract to the alien? Recruitment Information 3. Occupation Type All must complete this section. 1. Is this application for a professional occupation, other than a college or university teacher? Professional occupations are those for which a bachelor's Yes NO degree (or equivalent) is normally required. 2. Is this application for a college or university teacher? If Yes, complete questions 2-A and 2-3 below. No 2-A. Did you select the candidate using a competitive recruitment and selection process? I: Yes El No 2-B. Did you use the basic recruitment process for professional occupations? I: Yes I: No b. Special Recruitment and Documentation Procedures for College and University Teachers Complete only if the answer to question l.a.2-A is Yes. 3. Date alien selected: 4. Name and date of national professional journal in which advertisement was placed: 5. Specify additional recruitment information in this space. Add an attachment if necessary. c. Professional/Non-Professional Information Complete this section unless your answer to question 3.1 or l.a.2-A is YES. 6. Start date for the SWAjob order 7. End date for the SWAjob order 12/10/2009 01/09/2010 8. Is there a Sunday edition of the newspaper in the area of intended employment? Yes No 9. Name of newspaper (of general circulation) in which the first advertisement was placed: JOURNAL NEWS 10. Date of first advertisement identified in question 11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed: JOURNAL NEWS Newspaper El Journal ETA Form 9089 This Certification is valid from _to Page 4 of ETA CascNumber: ?88774 OMB Approval: 1205-0451 Expiration Date: 11l30l2017 ETA Form 9089 U.S. Department of Labor l. Recruitment Information Continued Application for Permanent Employment Certification 12/20/2009 12. Date of second newspaper advertisement or date of publication ofjournal identified in question 11: d. Professional Recruitment Information Complete if the answer to question l.a.1 is YES or if the answer to l.a.2-B is YES. Complete at least 3 of the items. 13. Dates advertised atjob fair 14. Dates of on-campus recruiting i From: To: From: To: 5 15. Dates posted on employer web site 16. Dates advertised with trade or professional organization From: To: From: To: 17'. Dates listed with job search web site 18. Dates listed with private employment ?rm From: To: From: To: 19. Dates advertised with employee referral program 20. Dates advertised with campus placement office From: To: From: To: 21. Dates advertised with local or ethnic newspaper 22. Dates advertised with radio or TV ads From: To: From: To: 9. General information All must complete this section. 23. Has the employer received payment of any kind for the submission of this application? Des Mo 23-A. If Yes, describe details of the payment including the amount, date and purpose of the payment 24. Has the bargaining representative for workers in the occupation in which the alien will be employed been provided with notice of this ?ling at least 30 days but not more than 180 days before the date the application is ?led? Dre mm NA 25. If there is no bargaining representative, has a notice of this ?ling been posted for 10 business days in a conspicuous location at the place of employment. ending at least 30 days before but not more than 180 days before the date the application is ?led? Yes I: No NA 26. Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application? : Yes No 26-A. If Yes, were the laid off US. workers notified and considered for the job opportunity for which certification is sought? : Yes l?l NA J. Alien Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). 1. Allen?s last name First name Full middle name Exemption 6 2. Current address 1 Address 2 3. Province Country Postal code UNITED STATES OF AMERICA 4. Phone number of current residence 5. Country of citizenship 6. Country of birth ECUADOR ECUADOR T. Allen?s date of birth 8. Class of admission EWI 9. Alien registration number 10. Alien admission number (l-94) NONE NONE 11. Education: highest level achieved relevant to the requested occupation: None I: High School Associate's Bachemr?s Master?s Doctorate Other ETA Form 9089 This Certification is valid from to Page 5 of 10 ETA Case Number: ?88'7'74 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiratlon Date: Form U.S. Department of Labor J. Alien Information Continued 11-A. If Other indicated in question 11, specify 12. Specify major field(s) of study 13. Year relevant education completed 14. Institution where relevant education speci?ed in question 11 was received 15. Address 1 of conferring institution Address 2 16. City State/ rovince Country Postal code 17. Did the alien complete the training required for the requested job opportunity, as indicated in question EYES :1 No NA 18. Does the alien have the experience as required for the requested job opportunity indicated in question Yes No NA 19. Does thealien possess the alternate combination of education and experience as indicated in question El Yes No NA 20. Does the alien have the experience in an alternate occupation speci?ed in question :lYes ND NA 21. Did the alien gain any of the qualifying experience with the employer in a positionsubstantially comparable to thejob opportunity requested? Yes No NA 22. Did the employer pay for any of the alien's education or training necessary to satisfy any of the employer's job requirements for this position? : Yes No 23. Is the alien currently employed by the petitioning employer? K. Alien Work Experience List all jobs the alien has held during the past 3 years. Also list any other experience that qualifies the alien for the job opportunity for which the employer is seeking certification. a. Job 1 1. Employer name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address1 339 PINE RD Address 2 3. City State/Province Country Postalcode BRIARCLIFF MANOR NY UNITED STATES OF AMERICA 10510 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date End date 8. Number of hours worked per week 06/01/2009 40 Job 1 continued on next page ETA Form 9089 This Certi?cation is valid from to Page 6 of ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills, qualifications, certifications, licenses, etc. Include the phone number of the employer and the name of the alien's supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. 12. Job 2 1. Employer name DISENAR 2. Addressl CUENCA BENIGNO MALO 7?59 SUCRE Address 2 3. City State/Province Country Postal code CUENCA ECUADOR 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week 05/28/1990 09/23/1997 40 9. Job details (duties performed, use of tools. machines, equipment, skills, qualifications, certifications, licenses, etc. Include the phone number of the employer and the name of the alien's supervisor.) Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. 6. Job 3 1. Employer name 2. Addressi Address 2 3. City State/Province Country Postal code 4. Type of business 5. Job title 6. Start date End date 8. Number of hours worked per week Job 3 continued on next page ETA Form 9089 This Certi?cation is valid from to Page 7' of 10 ETA Case Number: A-10063 -88'774 Exemption 6 OMB Approval: 1205-0451 Expiration Date: 11/30/2017 Application for Permanent Employment Certi?cation ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills, quali?cations, certi?cations, licenses, etc. Include the phone number of the employer and the name of the alien?s supervisor.) L. Alien Declaration I declare under penalty of perjury that Sections and are true and correct. i understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a ?ne or imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U8. C. 1546 and 1621. in addition, further declare under penalty of perjury that intend to accept the position offered in Section of this application if a labor certi?cation is approved and am granted a visa or an adjustment of status based on this application. 1. Alien?s last name name 2. Signature Date signed Note The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. M. Declaration of Preparer 1. Was the application completed by the employer? If No, you must complete this section. :1 Yes No thereby certify that have prepared this application at the direct request of the employer listed in Section and that to the best of my knowledge the information contained herein is true and correct. i understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine, imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of TA immigration documents and to perjury with respect to such documents under 18 USO. 1546 and 1621. First name CAROLINA 2. Preparer?s last name Middle initial ROJAS 3. Title SECRETARY 4. E?mail address VI . COM 5. Signature Date signed Note? The signature and date signed do not have to be ?lled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to for ?nal processing. ETA Form 9089 This Certi?cation is valid from _to Page 8 of 0 ETA Case Number: A-10053 ?88774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 ETA Form 9089 U.S. Department of Labor N. Employer Declaration By virtue of my signature below, I HEREBY CERTIFY the following conditions of employment: 1. The offered wage equals or exceeds the prevailing wage and I will pay at least the prevailing wage. The wage is not based on commissions, bonuses or other incentives, unless I guarantees a wage paid on a weekly, bi?weekly, or basis that equals or exceeds the prevailing wage. 3. have enough funds available to pay the wage or salary offered the alien. 4. i will be able to place the alien on the payroll on or before the date of the alien's proposed entrance into the United States. 5. The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship. 6. The job opportunity is not: a. Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work stoppage. 7. The job opportunity's terms, conditions, and occupational environment are not contrary to Federal, state or local law. 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. 10. The job opportunity is for full-time. permanent employment for an employer otherthan the alien. I hereby designate the agent or attorney identified in section (if any) to represent me forthe purpose of labor certification and, by virtue of my signature in Block 3 below, I take full responsibility for the accuracy of any representations made by my agent or attorney. I declare under penalty of perjury that have read and reviewed this application and that to the best of my knowledge the information contained herein is true and accurate. understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to five years or both under 18 U. 8.0. 2 and 1001. Other penalties apply as well to fraud or misuse of TA immigration documents and to perjury with respect to such documents under 18 U.S. C. 1546 and 1621. 1. Last name First name Middle initial STELLO 2. Title PRESIDENT 3. Signature Date signed Note The signature and date signed do not have to be filled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to for final processing. O. U.S. Government Agency Use Only Pursuant to the provisions of Section 212 of the Immigration and Nationality Act, as amended, I hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. This Certification is valid from Signature of Certifying Officer Date Signed 03/04/2010 Case Number Filing Date Form 9089 This Certification is valid from _to Page 9 of 10 ETA Case Number: ?88'774 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: Form U.S. Department of Labor P. OMB Information Paperwork Reduction Act information Contra! Number 1205-0451 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent?s reply to these reporting requirements is required to obtain the benefits of permanent employment certification (Immigration and Nationality Act, Section Public reporting burden for this collection of information is estimated to average 1% hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Division of Foreign Labor Certification US. Department of Labor Room C4312 200 Constitution Ave., NW Washington, DC 20210. Do NOT send the completed application to this address. Q. Privacy Statement Information In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), you are hereby notified that the information provided herein is protected under the Privacy Act. The Department of Labor (Department or DOL) maintains a System of Records titled Employer Application and Attestation File for Permanent and Temporary Alien Workers that includes this record. Under routine uses for this system of records, case files developed in processing labor certification applications, labor condition applications, or labor attestations may be released as follows: in connection with appeals of denials before the DOL Office of Administrative Law Judges and Federal courts, records may be released to the employers that filed such applications, their representatives, to named alien beneficiaries or their representatives, and to the DOL Office of Administrative Law Judges and Federal courts; and in connection with administering and enforcing immigration laws and regulations, records may be released to such agencies as the DOL Office of Inspector General, Employment Standards Administration, the Department of Homeland Security, and the Department of State. Further relevant disclosures may be made in accordance with the Privacy Act and under the following circumstances: in connection with federal litigation; for law enforcement purposes; to authorized parent locator persons under Pub. L. 93?647; to an information source or public authority in connection with personnel, security clearance, procurement, or benefit-related matters; to a contractor or their employees, grantees or their employees, consultants, or volunteers who have been engaged to assist the agency in the performance of Federal activities; for Federal debt collection purposes; to the Office of Management and Budget in connection with its legislative review, coordination, and clearance activities; to a Member of Congress or their staff in response to an inquiry of the Congressional office made at the written request of the subject of the record; in connection with records management; and to the news media and the public when a matter under investigation becomes public knowledge, the Solicitor of Labor determines the disclosure is necessary to preserve confidence in the integrity of the Department, or the Solicitor of Labor determines that a legitimate public interest exists in the disclosure of information, unless the Solicitor of Labor determines that disclosure would constitute an unwarranted invasion of personal privacy. ETA Form 9089 This Certi?cation is valid from _to Page 10 of 1 ETA Case Number: ?88774