Exemption 6 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor OMB Approval: 1205-0451 Expiration Date: 11/30/2017 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)? 1-A. If Yes. enter the previous filing date Yes No 1-B. Indicate the previous SWA or local of?ce 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 ofa Schedule A or Sheepherder Occupation? I IYBS 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 AddressZ 3. City State/Province Country Postal code BRIARCLIFF NY UNITED STATES OF AMERICA 10510 4. Phone number Extension 914?944?7101 5. Number ofemployees 6. Year commenced business 35 1996 7. Federal Employer identification Number) 8. NAICS Code 238140 9- Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien? I: Yes No D. Employer Contact Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). First name Middle initial SUSAN 1. Contacts last name FRANKLIN 2. Address 1 339 PINE RD AddressZ Postal code 1 0 5 0 Country UNITED STATES OF AMERICA Extension 3. City State/Province BRIARCLIFF NY 4. Phone number 914-744?7101 5. E-mail address ETA Form 9089 This Codification is valid from 02 03 f2 0 (lite Page 1 of ETA Case Number: ?29726 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 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 MISION HISPANA 3. Firm EIN 4. Phone number Extension 718?784?5080 5. Address 1 42?15 CRESCENT STREET Address 2 SUITE 304 6. City State/Province Country Postal code LONG ISLAND CITY NY UNITED STATES OF AMERICA 11101 7. E-rnail address F. Prevailing Wage Information (as provided by the State Workforce Agency) 1. Prevailing wage tracking number(if applicable) 2. code 200604305 47?2022.00 3. Occupation Title 4. Skill Level MASON Level II 5. Prevailing wage Per: (Choose only one) 33 22 .05 Hour l?I Week l?l Bi-Weekly Month l?I Year 6. Prevailing wage source (Choose only one) 0E5 CBA Employer Conducted Survey DBA SCA C, Other 6-A. If Other is indicated in question 6, specify: 7. Determination date 8. Expiration date 03/10/2006 12/31/2006 G. Wage Offer Information I. Offered wage From: To: (Optional) Per: (Choose only oneHour Week I: Bi-Weekly I: Morith l: Year H. Job Opportunity Information (Where work will be performed) Primary worksite (where work is to be performed) address I 3 3 9 PINEHRI) Address2 2. City State Postal code BRIARCLIFF NJ 10510 3. Job title MASON 4. Education: minimum level required: None ClHigh School :1Doctorate EIOther 4-A. If Other is indicated in question 4, specify the education required: 4-B. Major field of study 5. Is trainin required in the 'ob opportunity? 5-A. Iers, number of months of training required: [j Yes No Form 9089 This Certification is valid from 92 I) 3 2 Qito 2 0 3 Page 2 of 10 ETA Case Number: A-06170 ?29726 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 ETA Form 9089 US. Department of Labor H. Job Opportunity Information Continued S-B. Indicate the ?eld of training: 6. Is experience in the job offered required forthe job? S-A. If Yes, number of months experience required: Yes No 48 i is there an alternate field of study that is acceptable. El Yes No lers, specify the major ?eld of study: 8. Is there an alternate combination of education and experience that is acceptable? Yes NO B-A. lers, specify the alternate level of education required: None I lHigh School IBachelor?s :]Doctorate : Other 8-8. If Other is indicated in question 8-A, indicate the alternate level of education required: 8-0. if applicable, indicate the number of years experience acceptable in question 8: 9. Is a foreign educational equivalent acceptable? Yes NO 10. is experience in an alternate occupation acceptable? 10-A. If Yes, number of months experience in alternate occupation required: I: Yes No 10-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 MASONRY FOR VATS, TANKS, AND FLOORS. 12. Are thejob opportunity's requirements normal for the occupation? Yes No If the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity. 13. Is knowledge of a foreign language required to perform the job duties? : Yes No if the answer to this question is Yes, the empio yer 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. ETA Form 9089 This Certification is valid from 0 2 [0 3 [2 0 (Jim 3 2 {2 3 Page 3 of ETA Case Number: A-06170 ?29726 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Data: Form U.S. Department of Labor H. Job Opportunity Information Continued 15. Does this application involve a job opportunity that includes a combination of occupations? l:.lYes 16. Is the identified in this application being offered to the alien identified Yes I: No in Section 17'. Does thejob require the alien to live on the employer's premises? Yes No 18. Is the application for a live-in household domestic service worker? Yes NO 18-A. If Yes, have the employer and the alien executed the required employment Yes NO NA contract and has the employer provided a copy of the contract to the alien? l:l l:l I. Recruitment Information 3. Occupation Type All must complete this section. 1. Is this application for a professional occupation, other than a college or university teacher? Professional occupations are those for which a 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. Elves No 2-A. Did you select the candidate using a competitive recruitment and selection process? l:l Yes NO 2-B. Did you use the basic recruitment process for professional occupations? :lYes 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 professionaljournai in which advertisement was placed: 5. Specify additional recruitment information in this space. Add an attachment if necessary. c. Professional/Non-Professional lnformation Complete this section unless your answer to question 8.1 or l.a.2?A is YES. 6. Start date for the SWAjcb order 7. End date for the SWAjob order 02/09/2006 03/04/2006 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 advertisementwas placed: THE JOURNAL NEWS 10. Date of first advertisement identified in question 9: 02/12/2006 11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed: THE JOURNAL NEWS Newspaper Journal ETA Form 9089 This Certi?cation is valid from 2 3 2 Q9_to a 2 2 g) g) a Page 4 of 10 ETA Case Number: A- 06170 ?29726 Exemption 6 OMB Approval: 1205-0451 Expiration Date: 11/30/2017 Application for Permanent Employment Certification ETA Form 9089 U.S. Department of Labor I. Recruitment Information Continued 12. Date of second newspaper advertisement or date of publication ofjournal identified in question 11: 12 /19/2 0 6 d. Professional Recruitment information Complete if the answer to question I.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 5 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 office From: To: From: To: 21. Dates advertised with local or ethnic newspaper 22. Dates advertised with radio or TV ads From: To: From: To: 9. General information All must complete this section. 23. Has the employer received payment of any kind for the submission of this application? Yes No 23-A. If Yes, describe details of the payment including the amount, date and purpose of the payment 24. Has the bargaining representative for workers in the occupation in which the alien will be employed been provided with notice of this filing at least 30 days but not more than 180 days before the date the application is filed? No DNA 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 filed? 26. Has the employer had a layoff in the area of intended employment in the occupation involved in this application or in a related occupation within the six months immediately preceding the filing of this application? No 26-A. If Yes, were the laid off U.S. workers notified and considered for thejob opportunity for which certification is sought? J. Alien Information (This section must be filled out. This information must be different from the agent or attorney information listed in Section E). 1. Alien?s last name First name Full middle name 2' Address 2 Country 3. Citi State/ Province Ede 4. Phone number of current residence UNITED STATES OF AMERICA 5. Country of citizenship GUATEMALA 6. Country of birth GUATEMALA 7. Allen's date of birth 8. Class of admission 9. Alien registration number 10. Alien admission number (1-94) 11- Education: highest level achieved relevant to the requested occupation: None :1 High School I: Associate?s Bachemr's Master's El Doctorate Other ETA Form 9089 This Grati?cation is valid from 02 3 [2 QQito 0 8 2 2 09 Page 5 of 10 ETA Case Number: 06170?29726 OMB Approval: Expiration Date: 11/30/2017 1205?0451 ETA Form 9089 U.S. Department of Labor Application for Permanent Employment Certification J. Alien Information Continued i 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 Yes BNO NA 18. Does the alien have the experience as required forthe requested job opportunity indicated in question Duo 19. Does the alien possess the alternate combination of education and experience as indicated in question mm NA 20. Does the alien have the experience in an alternate occupation speci?ed in question 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 NC, El NA 22. Did the employer pay for any of the alien's education or training necessary to satisfy any of the employer?s job requirements for this position? Yes No 23. Is the alien currently employed by the petitioning employer? K. Alien Work Experience List all jobs the alien has held during the past 3 years. Also list any other experience that qualifies the alien for the job opportunity for which the employer is seeking certification. a. Job 1 1. Employer name TRUMP BRIARCLIIF MANOR DEVELOPMENT LLC.I . 2. Address1 3539 PINE RD Address 2 3. City State/Province Country Postal code BRIARCLIIF NY UNITED STATES OF AMERICA 10510 4. Type of business 5. Job title MASONRY MASON 6. Start date 7. End date 8. Number of hours worked per week 02/01/2006 05/22/2006 35 Job 1 continued on next page ETA Form 9089 This Certification is valid from 02/03/2001to 08/02/2009 ETA Case Number: Page 6 of 10 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11/30/2017 ETA Form 9089 U.S. Department of Labor K. Alien Work Experience Continued 9. Job details (duties performed, use of tools, machines, equipment, skills, qualifications, certifications, licenses, etc. Include the phone number of the employer and the name of the alien's supervisor.) BUILD STONE STRUCTURES, SUCH AS PIERS, WALLS, AND ABUTMENTS. LAY WALKS, CURBSTONES, OR SPECIAL TYPES OF MASONRY FOR VATS, TANKS, AND FLOORS. b. Job 2 1. Employer name COLONIAL MASONRY CORP 2. Address 2 15 PARK AVENUE Address 2 3. City State/Province Country Postal code NEW YORK NY UNITED STATES OF AMERICA 10003 4. Type of business 5. Job title MASONRY MASON 6. Start date 7. End date 8. Number of hours worked per week 05/01/2000 08/01/2004 35 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. Address1 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 02/ D3 ,5 2 00_9_t0_Q??2 2 2 Page 7 01C 10 ETA Case Number: 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, quali?cations, 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 oh'ense 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. S. C. 1546 and 1621. in addition, 1 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. 2. Signature Date signed 05/18/2006 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. 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. M. Declaration of Preparer 1. Was the application completed by the employer? If No, you must complete this section. 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 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 last name First name Middle initial PIZARRO VICTOR 3. Title ESQ 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 certification 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 0 2 03 /2 Gite 8/0 2 /2 9 Page 8 of 10 ETA Case Number: 06170 ~29726 OMB Approval: 1205-0451 Application for Permanent Employment Certification Expiration Date: 11l30l2017 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. The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship. 6. The job opportunity is not: a. Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work stoppage. 7. The job opportunity's terms, conditions, and occupational environment are not contrary to Federal, state or local law. 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. 10. The job opportunity is for full-time, permanent employment for an employer otherthan the alien. I hereby designate the agent or attorney identified in section (if any) to represent me 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. I declare under penalty of perjury that have read and reviewed this application and that to the best of my knowledge the information contained herein is true and accurate. understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a ?ne or imprisonment up to five years or both under 18 U. S. C. 2 and 1001. Other penalties apply as well to fraud or misuse of ETA immigration documents and to perjury with respect to such documents under 18 U. S. C. 1546 and 1621. 1. Last name First name Middle initial FRANKLIN SUSAN 2. Title PRESIDENT 3. Signature Date signed 05/18/2006 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 certi?cation MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for ?nal processing. O. U.S. Government Agency Use Only Pursuant to the provisions of Section 212 of the Immigration and Nationality Act, as amended, hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. This Certification isvalid from 02/03/2009 to 08/02/2009 .- ,r 2 i ff" lie-pg -1"7 I 1' a; a 03/04/2016 Le Signature of Certifying Officer Date Signed 05/22/2005 Case Number Filing Date ETA Form 9089 This Certification is valid from 2 0 3 2 52 9 Page 9 of 10 ETA Case Number: 6 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 U.S. Department of Labor Room C4312 200 Constitution Ave, NW Washington, DC 20210. Do NOT send the completed application to this address. Q. Privacy Statement Information In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 5523), 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 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 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 Certification is valid from 219 3 21min) 2 [2 3 Page 10 of 10 ETA Case Number: