US. Department of Labor Employment and Training Administration Of?ce of Foreign Labor Certi?cation Atlanta National Processing Center Harris Tovver i 233 Peachtree Street, Suite 410 Atlanta, GA 30303 AUDIT NOTIFICATION February 24, 2012 TRUMP MANOR ETA Case Number: A-10063-88875 Exemption 5 DEVELOPMENT, LLC cfo VICTOR M. PIZARRO PC VICTOR M. PIZARRO 42? SUITE 304 L.I.C., NY 11101 Alien's Name: - Occupation: STONEMASONS, 47-202200 15 CRESCENT ST Date of Acceptance for Processing: March 04, 2010 In Response, refer IO: 4 Dear Audit Team Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 TRUNIP 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: - a The documentation listed on the following attachment supporting the attestations made on the application. a A copy of this Audit Noti?cation. 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 is no, the answer for Questions or H?l7 are yes, or the job 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. Notice of ?ling documentation as outlined in . 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 accessible 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 upon for business on the Saturday, Sunday, andlor holiday in question and, again, demonstrate that employees had access to the posting location of the notice of ?ling. 0 Recruitment Documentation 0 656.]? 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 US. workers rejected, summarized by the lawful job~related reasons for such rejections. Be advised, the Of?ce of Foreign Labor-Certification Certifying Of?cer, after reviewing the employer?s recruitment report, may request U.S. workers' resumes or applications, sorted by the reasons the workers were rejected. . . A cepy 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 c0py of thejob order provided by the SWA, or other proof of publication from the SWA containing the content ofthejob order, where ajob order is required by the recruitment provisions of 20 CFR 656 and/or ajob order is listed on the ETA Form 9039 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 applicants for the job opportunity and the speci?c lawful job?related reasons why the foreign worker is more quali?ed than each U.S. worker who applied for thejob. _o Aflnal report of the faculty, student, and/or administrative body making the recommendation or selection of the foreign worker. A copy of the advertisement for thejob opportunity and, if appropriate, evidence of all other recruitment sources. 0 A written statement attesting to the degree of the foreign worker?s educational or professional quali?cations and academic achievements. A cepy 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: The application will be denied; a The failure to provide the requested documentation in a timely manner will constitute a refusal to exhaust available administrative remedies; and The administrativejudicial 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 a 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 notified in writing (either?electronically and/0r 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 certification determination as outlined in 20 CFR 656.24(g) and 656.26. Sincerely, William Carlson, National Certifying Of?cer. CC: TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 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?zing Of?cer to require the employer to canduct supervised recruitment in the Department?s regulations at 20 CF ?656.2l in future ?lings of labor certi?cation 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 A-10063-88875 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 requires the Certifying Of?cer to make a determination to grant 0r 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 customarily 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 the job opportunity if the worker can acquire the skills necessary to perform the duties involved in the occupation during areasonable 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, wherethe 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 the job opportunity: If appropriate, the date(s) the employer contacted the 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 applieant(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 U.S.C. 2, 1001) I . . Uni-b?. 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 Certifying O?icer to reguire the employer to conduct supervised recruitment in theIDepartment ?s regulations at 20 CFR 55656.2] in future ?lings of labor certification applications far 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 65 6.20, 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 ?5 regulations at 20 CFR Attachment: Required Documentation for Response to Noti?cation of Audit CASE A-10063-88875 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 Officer 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 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. workerfor 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 Form 9089. In addition, please provide a report that lists the following information for each .S. worker rejected'for thejob opportunity: If appropriate, the date(s) the employer contacted the US. worker; the date(s) the employerinterviewed the US. worker; if 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 US. 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 s7 i . ETA Eorm 9089 i? 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 nlaborc?ertdoleta. ov/ df/9089inst. of OMB Approval: 1205-0451 Expiration Date: 08131I2014 Employing or continuing to employ an alien unauthorized to work in the United States is illegaland may subject the employer to criminal prosecutioni civil money penalties, or both. A. Refiling Instructions 1. Are you seeking to utilize the filing date from a previoust submitted Appjcation for?Alien Employment Certi?cation (ETA 750)? 1-A. If Yes. enter the previous ?ling date I: Yes I No 1-8. 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 ofa Schedule A or Sheepherder chpation? I I lYes I 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. C. Employer Information (Headquarters or Main Office) 1. Employer's name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address 1 339 PINE RD AddressZ 3. City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10610 4. Phone number 7 Extension 914-944-7101 224 5. Number of employees 6. Year commenced business 35 1996 8. NAICS Code, 7. mployer identi?cation Number) 5 23 814 9. Ist emp oyer a closely held corporation, partnership. or sole proprietorship in which the alien has an ownership interest, or is there a familialrelationship between the owners, stockholders, partners. corporate of?cers, incorporators, and the alien? Yes No D. Employer Contact Inforrnation (This section must be ?lled out. This information must be different from the agent or attorney information listed in Section E). 1. Contact's last name STELLO 2. Address?l 339 PINE RD Address 2 First name Middle initial Postal code 10510 3. City Statei'Pr'ovince BRIARCLIFF NY- UNITED STATES OF AMERICA . Phone number Extension 914-944-7101 224 5. E?mail address . COM Country A ETA Form 9089 This Certi?cation is valid from . to ETA case Number: -88875? Page 1 of 10 0MB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 08131.12014 ETA Form 9089 U.S. Department of Labor E. Agent or Attorney information (If applicable) Agentorattorney?s last name First name Middie initial PIZARRO VICTOR 2. Firm name VICTOR M. PIZARRO PC A 3. Firm EIN 4. Phone number Extension 718-433?3834 5. Address1 42-15 CRESCENT ST Address2 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 - 33 Hour I I Week Bi-Weekly Month Ij Year 5. Prevailing wage source (Choose only one) 0E3 I: CBA Employer Conducted Survey I: BSA) 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 Offered wage From: To: (Optional) Per: (Choose only oneHour Cl Week El Bi?Weekly El 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 Addressz 2. City State Postal code BRIARCLIFF NY 10510 3. Job title STONEMASONS 4. Education: minimum level required: None High School [:lAssociate?S I: Bachelor's Master's Doctorate Other 4-A. If Other is indicated in question 4. specify the education required: 4-3. Major ?eld of study 5. Is training required in the job opportunity? 5-A. If Yes, number of months of training required: ETA Form 9039 This Certi?cation is valid from to Page 2 of 10 ETA Case Number: OMB Approval: 1205?0451 Application for Permanent Employment Certification Expiration Date: 08/31/2014 Form U.S. Department of Labor H. Job Opportunity Information Continued S-B. Indicate the ?eld of training: 6. Is experience in the job offered required for the job? B-A. If Yes, number of months experience required: Yes No 12 7. is there an alternate ?eld of study that is acceptable? A Yes No 7-A. If Yes, specify the major ?eld of study: 8. Is there an alternate combination of education and experience .that is acceptable? Yes N0 B-A. If Yes. specify the alternate level of education required: None High School DAssociate?s Bachelor's Master?s El Doctorate : Other .B-B. Ithher is indicated in question B-A, indicate the alternate level of education required: 8-C. If applicable. indicate the number of years experience acceptable in question 8: 9. Is a foreign edUCationaI equivalentacceptable? - Yes No 10. Is experience in an alternate occupation acceptable? 10-A. If Yes, number of months experience in alternate occupation required: El 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. 7 13. Is knowledge of a foreign language required to perform thejob duties? I: 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 ?lf submitting by mail, add attachment if necessary. Skills description must begin in this space. NONE ETA Form 9089 This Codi?cation is valid from to Pagc'S of 10 ETA CascNumbcr:A?10063 -88875 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date: 08i31l2014 ETA Form 9089 U-S-Pspartmem 0f H. Job Opportunity Information Continued 15. Does this application involve a job opportunity that includes a combination of occupations? DYes 16. Is the peeition 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? '3 Yes No 18, is the application for a live-in household domestic service worker? EYES No 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? 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 I: Yes No degree (or equivalent) is normally required. . 2. is this application for a college or university teacher? i 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? El Yes No Did you use the basic recruitment process for professional occupations? - Yes I: No Special Recruitment and Documentation Procedures for College and University Teachers Complete only if the answer to question La. 2-11 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 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: NEWS Newspaper Journal ETA Form 9089 This Certi?cation is valid from to Page 4 of ETA Case Number: Approval: 1205-0451 Application for Permanent Employment Certi?cation Exprratron Date: 0813112014 ETA Form 9089 U.S. Department'of Labor I. Recruitment Information Continued 12. Date of second newspaper advertisement or date cf publication of journal identi?ed in question 11Professionai Recruitment information Compietejf the answer to question flailiisi YES pr if the answer to rs Compiete at least -3 6f the items. 13. Dates advertised atjob 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 ofthis - application? N0 23-A. If Yes. describe details of thepayment including the amount. date and purpose of the payment: 24. Has the bargainin re resentative for workers in the occu ation in which the alien will be provided with notice of this ?liirg at least 30 days I: Yes i: No NA 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, Yes I: NO I: NA ending at least 30 days before but not more than 180 days before the date the application is ?led? . 28. 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 Yes No months immediately preceding the ?ling of this application? 25-A. lers, were the laid off US. workers noti?ed and considered for the job I: opportunity for which certi?cation is soug?? Yes No 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). Exemptron 6 1. Alien?s last name First name Full middle name 2. Current address 1 Address 2 3. Province - Country We UNITED STATES OF AMERICA 4. Phone number of current residence 5. Country of citizenship 6. Country of birth ECUADOR ECUADOR T. Alien'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 I: Associate's Bachelor's Master's Doctorate Other ETA Form 9089 This Certi?cation is valid from to Page 5 of 10 ETA Case Number: A-10063 -88875 OMB Approval: Expiration Date: 0813112014 Application for Earmanent Employment Deiti?cation ETA Form 9089 U.S. Department of Labor 1205-0451 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 StatelProvince Country Postal code 17. Did the alien complete the training required for the requested job opportunity; as indicated in question l: Yes No 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 NA 20. Does the alien have the experience in an alternate occupationspeci?ed in question - - Elm. NA 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? No l: riA 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? : Not 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. Addiess 1 3 3 9 PINE RD Address 2 . City Stater'Province NY Country Postal code UNITED STATES OF AMERICA 10510 4. 5. Job title STONEMASONS Type of business - CONTRACTORS Start date 7. End date 8. Number of hours worked per week 05/01/2009 40 Job 1 continucdon next page ETA Form 9089 This Codi?cation is valid from to Page 6 of ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date. 08/31/2014 ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Continued 9. Job details (duties pen?on'ned, 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. b. Job 2 1. Employer name TECHOS 2. Address 1 CARLOS BERREZUETA 2?33 ERNESTO LOPEZ 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 07/20/1989 09/18/1995 4O - 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- c. Job 3 Employername I 2. Address?l Address 2 3. City State/Province Country Postal code 4. Type ofbusiness? 5. Job title 6. Start date 7. 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 0 ETA Case Number: Exemption 6 Application for P?ti?anem Employment C?'rti?catidn I ETA Form 9039 U.S. Department of Labor OMB Approval: 1205?0451 Expiration Date: 08/31/2014 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 stipervisor.) 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 impnsonrnent 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 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 certi?cation is approved and am granted a visa or an adjustment of status based on this application. it. 1. Alien?s last name First name Full middle 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 certi?cation MUST be signed immediately upon receipt from DOL. before it can be submitted to for ?nal processing. M. Declaration of Preparer 1. Was the application completed by the employer? If No, you must complete this section. I: Yes No hereby certify that have prepared this application at the direct request of the employeriisted in Section and that to the best of my knowledge the information contained herein is 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 ?ne, 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 perjury with respect to such documents under 18 U. S. C. 1546 and 1621. First name Middle initial CAROLINA 2. Preparer's last name ROJAS 3. Title SECRETARY 4. E-m ail address VI CTORMPIZARROP . 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 certi?cation MUST be signed immediately upon receipt from DOL 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 CaseNumber': OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date. 08/312014 ETA Form 9089 U.S. Department of Labor N. Employer Declaration By virtue of my signature below, CERTIFY the following conditions of employment: -1. The offered wage equals or exceedsthe 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. I have enough funds available to pay the wage or salary offered the alien. 4. 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, orcitiZenship'. 5. 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 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 orlocal law. 8. The job opportunity has been and is clearly open to any US. worker. 9. The US. 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, Itake full responsibility for the accuracy of-any representations made by my agent or attorney. 1 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 ?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 docum ants and to perjury with respect to such documents under 18 U. SC. ??1546 and 1621. 1. Last name First name Middle initial STELLO VINNY 2. Title PRESIDENT 3. Signature Date signed Note The signature and date Isigned 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 certi?cation MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. 0. 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 ofthe above will not adversely affect the wages and working conditions of workers in the US. similarly employed. This Certi?cation is valid from to 02/13/2012 Signature of Certifying Of?cer Date Signed A-10063-88875 03/04/?2010 Case Number Filing Date ETA Form 9039 This Certi?cation is valid from _to I I Page 9 of 0" ETA Case Number: lit?1006348875 OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date: 08131l20?l4 ETA Form 9089 U.S. Department of Labor- P. OMB Information I 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 certification {Immigration and Nationality Act, Section Public reporting 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 US. Department of Labor Room C4312 200 Constitution Ave, NW Washington, DC 20210. . Do NOT send the completed application to this address. 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-7) 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 may be released to the employers that filed 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 lnconnectionwith 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 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 10 ETA Case Number: Exemption 6 233 Peachtree Street, Suite 410 gag/2%? BRIARCLIFF MANOR, NEW YORK June 22, 2010 Attention: William Carlson Certifying Of?cer US. Department of Labor Atlanta Processing Center Harris Tower Atlanta, GA. 3 0303 Ex'?mption 6 Re: case 1% Alien?s Nam Employer: TRUMP BRIARCLIFF MANOR DEVELOPMENT. STONEMASON OBS CODE 47-202200) Dear Mr. Carlson; REFERNECE IS MADE TO YOUR LETTER REGARDING THE ABOVE MENTIONED CAPTION DATED JUNE 2010. . YOUR LETTER INDICATES THAT SEVERAL ATTEMPTS WERE MADE-TO CONTACT ME AT MY BUSINESS UNFORTUNATLY IT WAS UNSUCCESSFUL. PLEASE-.BE AWARE THAT UNFORTUNATLY PASSED AWAY IN THE BEGINNING OF 2010 THEREFOR CONTACT WITH WILL NOT BE AVAILABLE: I AM ALSO AND BEST KNOWN AS THE CONTROLLER AND I AM AUTHORIZED TO SUBMIT AND SIGN THE ON BEHALF OF THE ABOVE MENTIONED CARTION. - HEKEUSINESS CONTACT INFORMATION TRUMP MAN OR DEVELOPMENT 339 PINE RD BRIA RCLIFF 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 MENTIONED CAPTION, CASAR MARIO MORA AYABACA A-?Shouid 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 attention will be greatly appreciated in this matter. Exemption 6 (914)944-1101 Fax (914) 9447130 bi? 9 0 Shadow-Free 12116, Manor, NY 1 0 .-) US. Department of Labor Employment and Training Administration Atlanta Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 June 10, 20l0 TRUMP BRIARCLIFF MANOR ETA Case Number: A-10063-88875 Exemption 6 DEVELOPMENT, LLC c/o VICTOR M. PIZARRO PC Anew Name: - VICTOR M. PIZARRO . . 42-15 CRESCENT ST Occupation. STONEMASONS, 47-202200 SUITE 304 L.I.C., NY 11101 Date of Acceptance for Processing: March 04, 2010 Dear TRUMP BRJARCLIFF 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 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 212(a)(5)(A) ofthe INA, as amended. These reasons are outlined in the attachment "Reasons for Denial". A request for review ofthis denial may be made to Board ofAlieh Labor Certification 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 a 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 ofthe labor certi?cation was based. 4 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 ofthe 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 @65626. Failure to request review within 30 caiendar days, as speci?ed in ?656.26, constitutes a failure to exhaust administratiVe remedies. Ifa 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 same occupation for the same alien cannot be?led while a request for review is pending with the Board ofAlien Labor Certi?cation Appeals?. I 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 BRIARCLIFF MANOR DEVELOPMENT, LLC Reasons for Denial Reasons for Denial Case Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: Denial Reason The empIOyer's sponsorship ofthe foreign worker could not be veri?ed. Attempts to contact the employer's listed contact Vinny Stello, at 914-944?7101 via: phone calls on 5/27/10, 6/2/10, and 6/7/10 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 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 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 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 Exemption 6 Application for Permanent Employment Certi?cation ETA Form 9089 US. Department of Labor OMB Approval: 1205-0451 Expiration Date: 06/30/2011 Please read and review the ?ling 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 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 Information 1' '5 this application in support of a Schedule A or Sheepherder Occupation? Yes Noi 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 dire?ly to the appropriate Department of Homeland Security of?ce. C. Employer Information (Headquarters or Main Of?ce) 1. Employer's name TRUMP BRIARCLIFF MANOR DEVELOPMENT, 2. Address 1 339 PINE RD Address 2 LLC 3. City StatelProvince BRIARCLIFF NY 4. Phone number 914-944-7101 224 5. Number of employees 6. Year commenced business 3 5 19 9 6 7. lEmployer 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 the owners. stockholders. partners, corporate of?cers. incorporators, and the alien? Postal code 10 5 10 Country UNITED STATES OF AMERICA Extension I: Yes No D. Employer Contact Information (This section must be ?lled out. This information must be different from the agent or attorney inforrfrat'ion listed in-Sectior'r E). 1. Contact's last name First name. STELLO VINNT 2. Address1 339 PINE RD Address 2 Middle initial 3. City State! Province BRIARCLI FF NY 4. Phone number 914-944-7101 5. E-mail address VI CTORMPIZARROPCEIDAOL . COM Country Postal code UNITED STATES OF AMERICA 10510 Extension 224 ETA Form 9039 This Certi?cation is valid from to ETA Case Number: 21-10063 ?88875 Page I of 10 OMB Approval: 1205-0451 Application for Permanent Employment Certification U.S. Department of Labor E. Agent or Attorney Information {If applicable) 1. Agent or attorney's last name First name Middle initial PIZARRO 4 VICTOR 2. Firm name VICTOR M. PIZARRO PC 3. Firm 4. Phone number Extension 718?433-3834 5. Address 1 7 42-15 CRESCENT ST Address 2 SUITE 304 6. City StatelProvinoe Country Postal code L.I.C. NY UNITED STATES OF AMERICA 11101 7. ?E?mail address VI . COM F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number (ifapplicable) 2. code P200812619 47-2022.DO 3. Occupation Title 4. Skill Level STONEMASONS Level I 5. Prevailing wage Per: (Choosa only one) 13.83 Hour I IWeek Bi-Weekly [j Month [3 Year 6. Prevailing wage source (Choose only one) 0E5 I: CBA Employer Conducted Survey DBA I: SCA Other S-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 I From: To: (Optional) Per: {Choose only one) 13 .83 13 . 33 Hour Week Eli-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 105 10 3. Job title STONEMASONS 4. Education: minimum level required: I None I: High School [:iAssociate's Bachelor?s Master's - DDoctorate DOther 4-A. If Other is indicated in question 4. specify the educatEOn required: 4-B. Major ?eld of study 5. is training required in he job opportunity? 5-A. If Yes, number of?months of training required: Yes No ETA Form 9039 This Certi?cation is valid from to Page 2 of ETA Case Number: OMB Approval: 1205-0451 'Application for Permanent Employment Certification Expiration Date: 061302011 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 thejob? 6-A. If Yes, number of months experience requiredthere an alternate ?eld of study that is acceptable? :1 Yes No T-A. If Yes, specify the major ?eld of study: 8. Is there an alternate combination of education and experience that is acceptable? Yes NO B-A. If Yes, specify the alternate level of education required: None :1 High School DAssoctate?s a Bachelor's El Master's Ci Doctorate Other 8-8. If 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? Yes No 10. Is experience in an alternate occupation asceptable? 10-A. lf Yes, number of months experience in alternate occupation required: [3 Yes No 10-8. Identify the job title of the acceptable alternate occupation: 11. Job duties lf submitting by mail. add attachment if necessary. Job duties description must begin in this space. Build stone structures, such as piers, walls, and abutments. Layr 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 ei?o?new 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 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 ETA Case Number: A-10063-88875 OMB Approval: 1205?0451 Application for Permanent Employment Certi?cation Expiration Date: 0680,2011 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? DYes No 16. Is the posrtion 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 Yes No NA contract and has the employer provided a cOpy of the contract to the alien? :1 El l. 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 No degree (or equivalent) is nonnaily required. 2. is this application for a college or university teacher? If Yes, complete questions 2-A and 2-5 below. I: Yes No Did you select the candidate using a competitive recruitment and selection process? Yes No 2-B. Did you use the basic recruitment process for professional occupations? l:lYe5 No to. 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 infomation in this space. Add an attachment if necessary. c. Professional/Non-Professional information Complete this section unless your answer to question 8.1 or. i.a.2-A is YES. 6. Start date forthe 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 E, 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 [3 Journal ETA Form 9089 This Certi?cation is valid from to Page 4 of 1 ETA Case Number: Exemption 6 0MB Approval: 1205-0451 Expiration Date: 068012011 Application for Permanent Employment Certi?cation ETA Form 9089 US. Department of Labor I. Recruitment Information Continued 12. Date of second newspaper advertisement or date of publication ofjournal identi?ed in question 11Professional Recruitment Information Complete if the answer to question I.a.?i is YES or if the answer to i.a.2-B is YES. Com?te 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: 1 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: 9. General Information - Ail must complete this section. 23. Has the employer received payment of any kind for the submission of this No application? DYes 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 alien will be employed been provided with notice of this ?ling at least 30 days but not more than 130 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? 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 26-A. If Yes. were the laid off US. workers noti?ed and considered for the job opportunity for which certi?cation is sought? DYes N0 Yes No NA DNA Bites No [te5 Ditto DNA .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 Current address 1 if 4 Address 2 3. Citi StateiProvince 4. Phone number of current residence Country Postal code UNITED STATES OF AMERICA 5. Country of citizenship 6. Country of birth ECUADOR ECUADOR T. Aiien?s date of birth 8. Class of admission EWI 9. Alien registration number 10. Alien admission number (L94) NONE NONE 11. Education: highest ievel achievad relevant to the requested occupation: None [3 High School Associate's Bachelors Master's Doctorate Other ETA Form 9089 This Certi?cation is valid from to Page 5 of 1 0 ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06/30/2011 ETA Form 9089 U.S. Department of Labor J. Alien Information Continued 11 -A. if Other indicated in question 11, specify 1 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 BY95 NA 15. Does the alien have the experience as required for the requested job opportunity indicated in question Yes I: No NA 19. Does the alien possess the alternate combination of education and experience as indicated in question DYes No NA 20. Does the alien have the experience in an alternate occupation speci?ed in question . A I: Yes No NA 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? :1 Yes No I: NA 22. Did the employer pay for any of the alien?s education or training necessary to satisfy any of the employersjob requirements for this position? DYes 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 quali?es the alien for the job opportunity for which the employer is seeking certi?cation. a. Job 1 1. Employer name 7 TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address 1 339 PINE RD Address 2 3. City State/Province Country Postai code ERIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Type of business 5, Jobt?tte CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week continued on next page ETA Form 9089 This Certi?cation is valid from to_ Page 6 of 1 0 ETA Case Number: . . .0 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date. 06/30/2011 Form 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. 13. Job 2 - 1. Employer name TECHOS 2. Address 1 . CARLOS BERREZUETA 2-33 ERNESTO LOPEZ Address 2 3. City StatelProvinca Country Postal code CUENCA ECUADOR 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours womed per week 07/20/1989 09/18/1995 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 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 1 2. Address 1 Address 2 3. City State/Province Country Postal code 4. Type of business 5. Job title Start date 7. End date 8. Number of h0urs workedperweek 'Job 3 continued on next page ETA Form 9089 This Certi?cation is valid from to Page 7 of 0 ETA Case Number: A-10063 -83875 Exemption 6 0. at OMB Approval: 1205-0451 Application for Permanent Employment Certification . . xpiration Date 06/30/2011 ETA Form 9039 - 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 ideclare 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, shot, or counsel another to do so is a federal offense punishable by a ?ne or 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 perjury with respect to such documents under ?8 U.S.C. 1546 and 1527. 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 am granted a visa or an adjustment of status based on this application. name .2 Note ?The?sigi?iature 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 codi?cation - MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing, M. Declaration of Preparer I 1. Was the application completed by the employer? it No, you must complete this section. [3 Yes NO lhereby certify 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 ls_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, 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 1627. 2. Preparer?s lastname First name Middletnitiai Roasts CAROLINA 3. Title 4. E- 'l address . C293) 5. ignat Date signed i new .mbam/O i Note The signature and date signed do not Mug: be ?lled out when electronically submitting to the Department of Labor for processing. but must be complete when submittin 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. ETA Form 9089 This Certi?cation is valid from __to Page 8 of 0 ETA Case Number: A-loo 63 a 375 .73 OMB-Approval: 11205?0451 Applicationfor Permanent EmploymentCertification Exprratron Date: 05/30/2011 ETA Form 9089 I. . U.S. Department'cf Labor N.- E?rnployer Declaration By?w?due ofmy'sr'gnature below. f, HEREBY CERTIFY the following conditions of employment." 1. The offered wage equals or exceeds the prevailing wage:and i will pay'at'least-theprevailing wage. 2 . The wage is notbased on commissions. bonuses or other incentives. unless I guarantees a wage paid on a weekly! bi-weekly. or basis that-sq uals or exceeds the prevailing wage. 3: have enough funds available "to pay thewage or salary-offered the alien. 4. twill beable to place the alien on?the payroll ondr before the date of the alien's'propo'sed entrance into the UhitedStates. 5. The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex. religion. handicap, or citizenship. The job opportunity is not: a. Vacantibeca use the former Occupant is on Strike or is'Ebe?rng' look?ediaout in the courseo'fa-labor dispute involving a'work35tOppag'et'Or b. At?issue in a labor dispute involving a T. The iobopportunity?sterrns; contrary to Federalkstateuor local law; 8. The job opportunity has been and is Clearly open to any US. worker. Q. The U.S. workers who applied for thejob ,OPpo?rtunity were rejected'for lawful job?related reasons.- 10. The job opportunity is for'full-time, permanent-employment for an employer other thanthe? alien. I hereby designate the agent or attorney identi?ed insection E-(if any) t?o?represent me for the purpose of labor certi?cation and. by virtue of my signature in beck 3 below; l.take full responsibility for the accuracy of any representations made by my agent?or attorney. decla rounder penalty offpe'rjury that I have read ahdr?eviewed and that to the best of my knovvledge theiinformation contained. herein is true and accurate. [understand information-1h the preparationrof this"de aid, abet, oncounselenotherto; do soils 3 federal o?ense punishable?yge fine, or r'mbn'sonment up to five years 'or both under?ta 2 and 1001. cha?rpenalties apply'as well to fraud'ort misuse of ETA immigration docbmems and 'lO'peq'Ury with respectto such documents under 18 U. SJC. 1546 and 1521. - 1. Last narne First . Midge/artist 2. Title messed [awed/1&4 3? MM Note -'The signature and 'date signedjdo not have to be '?lled out when electronically.submitting to the Department?of Labor forp?roo?essing, but must be oompletewhen smeitting by mail. ifthe application is submittedelectronically. any resulting certi?cation-MUST be signed immediately-uponreceipt from DOL before itcan be submitted to for ?nal pr'o'cessing.- Q. Use Only the as amended. Ii hereby certify are noteuf?citent-US. workersavailable ?and?the-ernptoyment ofjthe above will not-adverser affect the-wages and working con'ditions?of workers in the US. similarly employed. This Certi??alion isiva'lid from to Signature of Certifying Of?cer Date Signed A-l00?3-88774 to3?o4f201o Case Number "Filing Date ETA Form 9089 This'Ceni?oation is valid from Page?) of 10 ETA Case Number OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date. 0660/2011 ETA Form 9089 U.S. Department of Labor P. 0MB lnfon-nation 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 US. Department of 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 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 ?les 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 couds. 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 Iocator 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 wouid constitute an unwarranted invasion of personal privacy. ETA Form 9089 This Certification is valid from to Page l0 of 10 ETA Case Number: 063 ~88875 US. Department ofLabor Employment and Training Administration Atlanta Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 June 10, 2010 Exemption 6 TRUMP BRIARCLIFF MANOR ETA Case Number: A-10063-88875 DEVELOPMENT, c/o VICTOR M. PIZARRO PC Alicng Name: VICTOR M. PIZARRO . 42-15 CRESCENT ST Occupation. STONEMASONS, 47-2022-00 SUITE 304 NY 11101 Date ?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 Certi?cation (Form ETA 9089) pursuant to 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 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: a The request for review must be in writing a 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 which accompany this inal 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. - 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 theI 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 specified 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 at any timeA new application in the some occupation for the some alien cannot be ?led while a request for review is pending with the Board of Alien Labor Codification 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 BRIARCLIFF MANOR DEVELOPMENT, LLC Enclosure: Reasons for Denial Reasons for Denial Case Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: Denial Reason The employer?s sponsorship ot?the foreign worker could not be veri?ed. Attempts to contact the employer's listed contact Vinny Stello, at 914-944-7101 via: phone calls On 5/27/10, 6/2/10, and 6/7/10 were not successful. Per the regulations; responsibility for the ?ling of an Application fer 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 contactcould 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 65 6.10(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 TRUMP BRIARCLIF MANOR DEVELOPMENT, LLC c/o VICTOR M. P-IZARRO PC VICTOR M. PIZARRO 42-15 CRESCENT ST SUITE 304 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 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 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 you seeking to utilize the filing date from a previously submitted Application for Alien Employment CertificatiOn (ETA 750)? I: Yes N0 1-A. if Yes, enter the previous filing date 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 Information 1. Is this application in support of a Schedule A or Sheepherder Occupation? I I lYes I I 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 office. C. Employer Information (Headquarters or Main Office) 1. Employer's name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address 1 339 PINE RD Address 2 3. City Statel'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 9 6 T. mployer identification Number) 8. NAICS Code Exemption 6 . . . 23.31.40 9. is the employer a closely held corporation, partnership, or sole in which the alien has an ownership interest, or is there a familial relationship between I: Yes No the owners. stockholders, partners, corporate 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). 1. Contact's last name First name Middle initial STELLO 2. Addresst I 339 PINE RD Address 2 3. City taterProvince Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914-944?7101 224 5. E-mail address . COM ETA Form 9089 This Certi?cation if. valid from to Page 1 of 10 ETA Case Number: A- 10053 - 3375 . I I OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date: I Form U.S. Department of Labor E. Agent orlAttorney information (if applicable) 1. Agent or attorney's last name First name .Middle initial PIZARRO VICTOR .M 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 5. City State/Province Country Postalcode L-I-C- NY UNITED STATES OF AMERICA 11101 7. E-mail address VI . COM F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number (ifapplicable) 2. code . P200812619 47-2022.00 3. Occupation Title 4. Skill Level STONEMASONS Level I 5. Prevailing wage Per: . (Choose only one) 3 13.83 mHour [Week ?Bi-Weekly Month DYear 6. Prevailing wage source (Choose only one} I: 055 CBA [3 Employer Conducted Survey [3 DBA I: 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) 5 13 . 83 13 .83_ Hour [3 Week El Bi-Weekly l:l Month 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 DHigh School Associate?s El Bachelor?s I: Master's [:lDoctorate DOther 4-A. If Other is indicated in question 4. specify the education required: 4-B. Major ?eld of study 5. Is trainin required in thejob opportunity? 5-A. If Yes, number of months of training required: - Yes No ETA Form 9089? This Certification is valid from to I Page 2 of 1 0 ETA Case Number: -88 8'75 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: US. Department of Labor H. Job Opportunity Information Continued 5-8. indicate the ?eld of training: 6. is experience in thejob offered rectuired for thejob? B-A. if Yes. number ofmonths 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 S-A. If Yes, specify the alternate level of education required: None I IHigh School IBachelor's El Master?s Doctorate DOther 8-8. If 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? El Yes No 10. is experience in an alternate occupation acceptable? 10-A. if Yes, number of months experience in alternate occupation required: - El 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, curbstones, or special types of masoury for vats, tanks, and floors. 12. Are the job Opportunity's requirements normal for the occupation? 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. Yes No 13. is knowledge of a foreign tanguage required to perform the job duties? El 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 Certi?cation is valid from . to Page 3_of ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certification? Expiration Date: 06/30l2011 ETA Form 9089 . US. Department of Labor H. Job Continued 15. Does this application involve a job opportunity that includes a combination of - - occupations? . Dyes 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? I: Yes No 18. Is the application for a live-in household domestic service worker? Yes NO if Yes. have the employer and the alien executed the required employment Yes No NA contract and has the employer provided a copy of the contract to the alien? I. Recruitment Information 3. Occupation Type All must complete this section. 1. ls 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. No 2. Is this application for a college or university teacher? If Yes, complete questions 2-A and 2-3 below. Elves No 2-A. Did you select the candidate using a competitive recruitment and selection process? . El Yes No 2-B. Did you use the basic recruitment process for professional occupations? Ci 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-Professlonal lnformation - Complete this section unless your answer to question B. 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 Si'inday 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 identified in question 9: 12/13/2009 11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed: JOURNAL NEWS I Newspaper Journal ETA Form 9089 This Certi?cation is valid From to Page 4 of 1 ETA Case Number: Exemption 6 OMB Approval: 1205-0451 Expiration Date: 06/302011 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor Recruitment Information Continued 12. Date of second newspaper-advertisement or date of publication ofjournal identi?ed in question 11: 12 2 0/2 0 09 Professional - 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 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 em pioyer received payment of any kind for the submission of this application? I: 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 previded with notice of this filing at least 30 days but not more than 180 days before the date the application is ?led? [:ives I:l~o 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? 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? Yes? N0 [3 NA [jY?s No 26-A. if Yes. were the laid off U.S. workers notified and considered for the job opportunity for which certi?cation is sought? [:lYes DNO 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. me 2. Current add Addressz Province Country Postal code UNITED STATES OF AMERICA 4. Phone number of cu nt residence 5. ountryo Citizens ip 6. Country of birth ECUADOR ECUADOR 7. Alien's date of birth 8. Class of admission 9. Alien registration number 10. Alien admission number (l-94) NONE NONE 11. Education: highest level achieved relevant to the requested occupation: None High School '3 Associate's El Bachelor's Elli/fastens '1 Doctorate I: Other ETA Form 9089 This Codi?cation is valid from _to Page 5 of 10 ETA Case Number: A-10063 ?88875 OMB Expiration Date: 0613012011 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor Approval: 1205?0451 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 specified in question 11 was received 15. Address 1 of conferring institution Address 2 1.3. City State/Province Country Postal code 17. Did the alien complete the training required for the requested job opportunity.- as indicated in question mYes NA. 1B. opportunity indicated in question Does the alien have the experience as required for the requested job .Yes 19. Does the alien possess the alternate combination of education and experience as indicated in question lYes i 20. question Does the alien have the experience in an alternate occupation speci?ed in We 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? 22. Did the employer pay for any of the alien?s education or training? neCessary to satisfy any of the employer's job refiuirements for this position? 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 BRIARCLI FF MANOR DEVELOPMENT, LLC 2. Address 1 3 3 9 INE RD Address 2 3. City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week 06/01/2009 40- .. Job contimied on next page ETA Form 9089 - This Certi?cation is valid from _to Page 6 of 10 ETA Case Number: 11-10063 ?88875 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06/30/2011 ETA Form 9089 US. Department of Labor K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills. qualifications. 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, curbetones, or special types of masonry for vats, tanks, and floors. b. Job 2 1. Employer name TECHOS 2. Address1 CARLOS BERREZUETA 2?33 ERNESTO LOPEZ Address 2 3. City State/Province - ECUADOR 4. Type of business 5. Job title CONTRACTORS STONEMASONS 6. Start date 7. End date 8. Number of hours worked per week 07/20/1989 09/18/1995 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.) Country Postal code 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 2. Address 1 Address 2 3. City StatelProvince Country Postal code 4. Type ofbusiness 5. Job title 6. Start date 7. 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 ?88875 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 06/30/2011 ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Continued 9. Job'detaiis (duties performed. use of tools, machines, equipment, skills, qualifications, certi?cations, licenses, etc. include the phone number ofthe 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 line 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 U.S.C. 1546 and 1521. in addition, lfurther declare under penalty of perjury that intend to accept the position offered in Section of this application its labor certi?cation is approved and i am granted a visa or an adjustment of status based on this application. Exemption 6 1_ name Igna ure 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. I: as No thereby certify that have prepared this application at the direct request of the 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 ETA immigration documents and to perjury with respect to such documents under 18 U. S. C. 1546 and 1621. 2. Preparer's lastname First name - Middle initial ROJAS CAROLINA 3. Title SECRETARY 4. Email address VI CTORMP I . COM 5. Signature I Date signed Note The signature and date signed do not have to be ?lled out when electronicain submitting to the Department 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 DOL before it can be submitted to USCIS for ?nal processing. ETA Form 9089 This Certi?catiOn is valid from to Page. 3 of 10 ETA Case Number: A-10063 ?88875 OMB Approval: 1205-0451 Application for Permanent Empioyment Certification Expiration Date: 05l30l2011 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. 2. The wage is not based on commissions. bonuses or other incentives, unless I guarantees a wage paid On a weekly, bi-weekly. or montth basis that equals or exceeds the prevailing wage. 3. 'l have enough funds available to pay the wage or salary offered the alien. 4. 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. The job opportunity's terms. conditions. and occupational environment are not contrary to Federal, state or?local law. 3. The job opportunity has been and is ciearly open to any US. worker. 9. The US. 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 aliens 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, I take full 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 ?ne or imprisonment up to ?ve years or both under 18 US. 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. Last name First name Middle initial STELLU .. . .2. Title 7 PRESIDENT 3. 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. 0. U3. Gavernment 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 US. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U5. similarly employed. This Certi?cation is valid from Signature of Certifying Of?cer Date Signed .A-10063-88875 03/04/2010 Case Nomber Filing Date ETA Form 9089 This Certification is valid from _to I Page 9 of 10 ETA Case Number: OMB Approval: 1205-0451 Application for Permanent Employment Certi?cation Expiration Date. 06/30l2011 ETA Form 9089 US. Department of Labor P. 0MB Information 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 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 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 Applicationand Attestation File for Permanent and Temporary Alien Workers (DOLIETA-7) that includes this record. Under routine uses for this system of records, case ?les developed in processing labor certi?cation applications. labor condition applications, or labor attestations may be released as follows: in connection with appeals cf 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 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 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 Iocator 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 10 ETA Case Number: US. 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 TRUMP BRIARCLIFF MANOR ETA Case Number: Exemption 6 DEVELOPMENT, LLC clo VICTOR M. PIZARRO PC Algenvs Name; VICTOR M.-PIZARRO . 424 5 CRESCENT ST Occupation. STONEMASONS, 47-2022.00 SUITE 304 L.I.C. NY 11101 Date of Acceptance for Processing: March 04, 2010 Dear TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 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 CF 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 212(a)(5)(A) 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 Certification 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; - 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; 9 The request must include all the documents that accompany this Final Determination form; . 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 Office 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 ?65 6-26. 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 certification-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 baf?ed while a requ est for review is pending with the Board of Alien Labor Certification Appeals. Reconsideration may be requested any time within 30 days from the date of issuance of this denial. The Certifying Officer 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 A-10063-88875 Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: Denial Reason: . The employer, BRIARCLIFF MANOR DEVELOPMENT, LLC, failed to respond to an issued Audit Noti?cation letter by the date speci?ed. Speci?cally, the Audit Notification 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 ?Faihire to provide documentation ina 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 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 65 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-10063-88875 Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: Denial Reason: The employer, TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC, failed to respond to an issued Audit Noti?cation letter by the date specified. 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, theapplication would be denied. AUTHORITY FOR DENLAL: 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 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 the employer may request reconsideration and/or 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 National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 December 19, 2011 To: I TRUMP MANOR DEVELOPMENT, LLC 339 PINE ROAD BRIARCLIFF, NY 10510 Notice Regarding Attorney/Agent Representation Re: Case Number: Date of Filing: 03/04/2010 TRUMP BRIARCLIFF MANOR DEVELOPMENT, Employer?s Name: LLC. AttorneyiAgent?s Name: VICTOR PIZARRO Exemption 6 Foreign Worker?s Name: Occupation: STONEMASONS The Department of Labor (Department) will no longer send to VICTOR PIZARRO currently listed as the em ployer?s agent/attorney on the Application(s) for Permanent Employment Certification, 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 they are 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 Attention: Appeals Analyst ID: CEM 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, Office of Foreign Labor Certification Certifying Officer Attention: Appeals Analyst lD: CEM Enclosures Change of Attorney/Agent Form Request for Sponsorship Verification Change of Attorney/Agent Form Case A-10063-88875 Employer name: TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Please complete this information only 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 I Extension 5. Firm/Business Address 1 - FirmrBusiness Address 2 6. City State/Province Country Postal Code 7. Email Address 8. Attorney/Agent Signature 9. Employer Signature US. Department of Labor Employment and Training Administration Of?ce of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 303 03 November 19, 2011 The Atlanta National Processing Center received the employer?s, TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Request for Reconsideration submitted for case number A-10063-88875 in response to a determination issued by a Certifying Officer on JUNE 10, 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 touching address: 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 Attention: Appeals? Analyst ID CEM 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 ofthis form (ETA Form 9089} or any stipplement 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 (18 ImpOrtant note: Pursuant to?Code of Federal Regulations (CFR) at 20 CFR 656. 20(b), 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 the determination by the Certifying Officer 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 certi?cation program for a period of up to three years under 20 CFR 656.3109 Sincerely, Atlanta National Processing Center, Analyst lD CEM TRUMP BRIARCLIF MANOR DEVELOPMENT, LLC., GLENN H. NILES, JR. 339 PINE ROAD BRIARCLIFF, NY 10510 TRUMP MANOR DEVELOPMENT, LLO, GLENN H. NILES, JR. 339 PINE ROAD ERIARCLIPP, NY 10510 TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC H. NILES. JR. 339 PINE ROAD BRIARCLIFF, NY 10510 Department of Labor Employment and Training Administration Of?ce of Fereign Labor Certi?cation Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 To: TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 339 PINE ROAD BRIARCLIFF, NY 10510 Notice Regarding Attorney/Agent Representation Re: Case Number: Date of Filing: 03/04/2010 TRUMP BRIARCLIFF MANOR DEVELOPMENT, Employer?s Name: LLC AttorneylAgent?s Name: VICTOR 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 Certi?cation, A-10053-88875, any notice or other document pertaining to the ?ling of the labor certi?cation(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 regardinghaving 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 Of?ce 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 Of?ce, the entities involved were required to notify all former and current clients in writing that they are 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 Of?ce of Foreign Labor Certi?cation Atlanta National Processing Center HarrisTower 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 ?ling of the application(s)in question directly to the employer. Your immediate attention to this request is appreciated. Sincerely, - Of?ce of Foreign Labor Certi?cation Certifying Of?cer Enclosure Change of AttorneylAgent?Form Change of AttorneylAgent Form Case DEVELOPMENT, LLC Employer name: TRUMP Please complete this information only if you have elected to designate anew attorney or agent 1. Agent or Attorney?s Last Name First Name Middle 'lnitial 2. Firm/Business Name 3. Firm/Business 4. Phone Number Extension 5. FirmlBusiness-Address?l Firm/Business Address 2 6. City State/Province Country 7 Postal Code 7. Email Address 8. Attorney/Agent Signature 9. Employer Signature TRUMP MANOR DEVELOPMENT, LLC., GLENN H. NILES, JR. 339 PINE ROAD BRIARCLIF F, NY 10510 US. Department of Labor Employment and Training Administration Atlanta National Processing Center Harris Tower 233 Peachtree Street, Suite 410 Atlanta, GA 30303 The Atlanta National Processing Center received the employer?s, TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Request forReconsideration submitted for case number A-10053-88875 in responSe to a determination issued by a Certifying Of?cer on JUNE 10, 2010. However, we cannot process your application ETA Form 9089 until we receive the following additional documentation: The employer must submit to the Certifying Of?cer 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, thatthe 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: Analyst tD i?sgri?na?gt 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 Of?cer will make a decision on the documentation that is available. Per the employers request for review or reconsideration the case ?le 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 so is a federal offense punishableby a ?ne, imprisonment up to ?ve years or both (18 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 Officer to require the employer to conduct supervised recruitment under 20 CFR 656.21 in future ?lings 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 certi?cation program for a period of up to three years under 20 CFR 656.31 (Dfiv). Sincerely, - Atlanta National Processing Center, Analyst lD insmnaiy?t_lnlf?s TRUMP DEVELOPMENT, LLC 010 GLENN NILES, JR. 339 PINE ROAD BRIARCLIFF, NY 10510 Reasons for Denial Case Your Application for Permanent Employment Certi?cation was not certi?ed due to the following: 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, at 914?944-7101 via: phone calls on 5/27/10, 6/2/10, and 6/7/10 I 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 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 656.10(c) instructs on how labor certi?cations may be ?led through (5) all read in part: ?An employer seeking a labor certification must ?le under this section. . . 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: T-rump Briarcliff Manor Development, LLC c/o Vinny Stello 339 Pine Road Briarcliff, NY 10510 Cc: Victor M. Pizzarro, PC c/o Victor M. Pizzarro 42-15 Crescent Street, Suite 304 Long'lsland City, NY 11101 NOTIFICATION OF SUPERVISED RECRUITMENT Re: ETA Case Number: Occupation: Stonemasons, 472022.00 Exemption 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 supervised 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 noti?cation 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 Of?cer. -- . . I SUPERVISED RECRUITMENT PROCESS The supervised recruitment process consists of the following steps: 1 . Using the advertisement?s general content requirements outlined in this letter, you must supply a draft advertisement of the job opportunity to the Certifying Officerfor review. You must supply the draft advertisement within 30 calendar d_ay? 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 Certifvinq Of?cer has approved your draft advertisement. After the advertisements are placed, the Certifying Of?cer 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 ofthe 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 656.21 The Certifying Officer will utilize all recruitment information and supporting documentation to issue a determination on whether to grant or deny- your application. 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: Identify ?Trump Briarcliff Manor Development, as the name of the employer; Describe the job opportunity, including job title, duties to be performed, and work schedule; I State the geographic area or alli.location(s) of employment with enough specificity to apprise applicants of any travel requirements; State the minimum education, training, and eXperience requirements, which must be normal to the job opportdnity and not contain unduly restrictive requirements; State a wage rate that is not lower than the prevailing wage or the wagebeing 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 TRU88875 P.O. Box 56625 Atlanta, 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. OR Submit a timely request to the Certifying Officer for one extension of the 30-day - timeframe. In accordance with program requirements, failure to adhere to this timeframe will result in a denial determination on your application. A pattern or practice of failing to comply in the supervised recruitment process is a 1 ground for debarment of?an employer, attorney, agent, or-any. combination thereof from the permanent labor certification program for a reasonable period of Up to three years. In accordance with Federal regulations, you are entitled to one extension of the 30?day timeframe. You may request such an extension using US. postal mail at the address listed below or electronic mail at SR.processinq@dol.qov. 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 Certi?cation 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: US. 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 Exemption 6 OMB Approval: Expiration Date: 11/30/2017 1205-0451 Application for Permanent Employment Certification 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)? Yes No If Yes, enter the previous filing date t-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 lYes Ml No ltYes, 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 office. C. Employer Information (Headquarters or Main Office) Employer?s name 9. TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC 2. Address 1 339 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 ofemployees 6. Yearcommenced business 35 1996 7. Federal Employer Identi?cation Number) 8. NAICS Code 238140 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 officers, incorporators, and the alien? 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). 1. Contact?s last name First name Middle initial 7 STELLO VINNY 2. Address 1 339 PINE RD Address 2 3. City State/Province Country Postalcode BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914?944?7101 224 E-mail address VI CTORMPIZARROP . COM ETA Form 9089 This Certification is valid from Page 1 of 10 ETA Case Number: ?88875 OMB Approval: 1205?0451 Expiration Date: 11/30/2017 Application for Permanent Employment Certification 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 State/Province Country Postalcode 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 I I Hour I I Week I I Bi-Weekly I I Month I I Year 6. Prevailing wage source (Choose only one) 0E8 CBA Employer Conducted Survey DBA SCA B-A. If Other is indicated in question 6, specify: FLC DATASET 7. Determination date 11/13/2009 8. Expiration date 06/30/2010 G. Wage Offer Information 1. Offered wage From: 13.83 To: (Optional) 13.83 Per: (Choose only one) Hour 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: None I:IHigh School DAssociate's Bachelor's Master?s Doctorate Other If Other is indicated in question 4, specify the education required: 4-B. Major ?eld of study fie job opportunity? 5. Istrainin required in d?fes No 5-A. lers, number of months of training required: ETA Form 9089 This Certification is valid from to ETA Case Number: ?88875 Page 2 of 10 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 Form US. Department of Labor H. Job Opportunity Information Continued 5-B. Indicate the ?eld of training: 6. Is experience in thejob offered required for the job? 6-A. lers, number of months experience requiredthere an alternate field of study that IS acceptable. Yes No T-A. lers. specify the major field of study: 8. IS there an alternate combination of education and experience that is acceptable? Yes NO 8-A. lers. specify the alternate level of education required: None High School l:lAssociate's I lBachelor's I: Master's Doctorate l:lOther 8-8. If 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? Yes No 10. Is experience in an alternate occupation acceptable? If Yes, number of months experience in alternate occupation required: Yes No 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 empio yer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity. 13. Is knowled of a feral Ian ua re uired to erform the 'ob dutiesthe 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: 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? 16. Is the posmon Identi?ed 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? El Yes No 18. Is the application for a live-in household domestic service worker? Yes NO 18-A. lerS, have the employer and the alien executed the required employment Yes 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 forwhich 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-B below. :lYes No Did you select the candidate using a competitive recruitment and selection process? i:i Yes i:i NO Did you use the basic recruitment process for professional occupations? 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 SWAjob 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 No 9. Name of newspaper (of general circulation) in which the first advertisement was placed: JOURNAL NEWS 10. Date of first advertisement identi?ed in question 11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed: i JOURNAL NEWS Newspaper Journal ETA Form 9089 This Certification is valid from to Page 4 of 1 ETA Case Number: ?88875 Exemption 6 OMB Approval: Expiration Date: 11/30/2017 1205-0451 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor Recruitment Information Continued 12. Date of second newspaper advertisement or date of publication ofjournal identi?ed in question 11Professional 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 From: To: From: To: 15. Dates posted on employer web site 15. 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: 9. General lnformation All must complete this section. 23. Has the employer received payment of any kind for the submission of this application? EYES NO 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 filing at least 30 days but not more than 180 days before the date the application is filed? I: Yes ENC NA 25. lfthere 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 filed? Yes No I: NA 25. 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? EYes No 26-A. If Yes. were the laid off U.S. workers notified and considered forthe job opportunity for which certification is sought? : Yes No 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 ame 2. Current address1 3. City 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 T. Alien?s date of birth 8. Class of admission mu 9. Alien registration number 10. Alien admission number (l-94) NONE NONE 11- Education: highest level achieved relevant to the requested occupation: None High School Associates Bachelor's Master's Doctorate Other ETA Form 9089 This Certification is valid from Page 5 of ETA Case Number: ?888'75 OMB Expiration Date: 11/30/2017 Approval: 1205?0451 Application for Permanent Employment Certification ETA Form 9089 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 specified 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 l: Yes EINO 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 20. Does the alien have the experience in an alternate occupation speci?ed in question 21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested? 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? 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 . Employer name TRUMP BRIARCLIFF MANOR DEVELOPMENT, LLC Address 1 339 PINE RD Address 2 Postal code 1 05 1 0 State! Province NY City BRIARCLIFF Country UNITED STATES OF AMERICA 5.Jothe STONEMASONS Type of business CONTRACTORS Start date 06/01/2009 7. End date 8. Number of hours worked per week 40 Job 1 continued on next page ETA Form 9089 This Certification is valid from to Page 6 of ETA Case Number: A-10063 ?88875 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 i 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. b. Job 2 1. Employer name TECHOS 2. Addresst CARLOS BERREZUETA 2?33 ERNESTO LOPEZ 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 07/20/1989 09/18/1995 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. c. 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. Start date 7. End date 8. Number of hours worked per week Job 3 continued on next page ETA Form 9089 This Certification is valid from to Page 7 of ETA Case Number: ?88875 Exemption 6 OMB Approval: 1205-0451 Expiration Date: 11/30/2017 Application for Permanent Employment Certification 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.) L. Alien Declaration 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 fine or 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 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 i am granted a visa or an adjustment of status based on this application. 1. Alien?slastname - ename 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 receiptfrom 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. I: Yes No I 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 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 ETA immigration documents and to perjury with respect to such documents under 18 U.8. C. 1546 and 1621. First name Middle initial CAROLINA 2. Preparer?slastname 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. 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. ETA Form 9089 This Certification is valid from to Page 8 of 0 ETA Case Number: ?88875 OMB Approval: 1205-0451 Application for PermanentEmployment 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. 2. 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. Thejob 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. 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 identified in section (if any) to represent me for the 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. 1 declare under penalty of perjury that have read and reviewed this application and that to the best ofmy 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 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 1521. 1. Last name First name Middleinitial 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. lfthe 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. 0. 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 Certification is valid from to 03/04/2 01 6 Signature of Certifying Of?cer Date Signed 03/04/2010 Case Number Filing Date ETA Form 9089 This Certification is valid from to Page 9 of 0 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 P. OMB Information 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 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 10 ETA Case Number: -888'75