Case 1:14-cv-08307-AT Document 27 Filed 01/30/15 Page 8 of 16 0MB Approval: 1205-0310 Expiration Datemtialnillz Labor Condition Application for Nonimmigrant Workers ETA Form 9035 90355 0.5. Department of Labor F. Rate of Pay 1. Wage Rate (Required) 2. Per: (Choose only one) From: 75000.00 in El Hour El Week El Bi-Weekly El Month El Year To: NIA 6. Employment and Prevailing Wage Information M: It Is important for the employer to define the place of intended employment with as much geographic speci?city as possible The place of employment address listed below - .. .- The employer may use this section to Identify up to three (3) physical locations and corresponding prevailing wages covering each location where work will be performed and the electronic system will accept up to 3 physical locations and prevailing wage information. If the employer has received approval from the Department of Labor to submit this form non-electronically and the work Is expected to be performed in more than one location. an attachment must be submitted in order to complete this section. he" .1 - a. Piece of Employment 1 1. Address 1 155 SPRING STREET 2. Address 2 FLOOR 3. City 4. County NEW YORK NEW YORK 5. StateiDistrictiTerritory 6. Postal code NEW YORK 10012 Prevailing Wage information (corresponding to the place ofempioyment iocaiion tiered above) 7. Agency which issued prevailing wage 7a. Prevailing wage tracking number (if applicable) 5 NIA MIA 8. Wage level Ell on um vilv DNA 10. Per: (Choose only one)? 45490.30 El Hour l3 Week El Bl-Weekly El Month ?Year 9. Prevailing wage 11. Prevailing wage source (Choose only oneOther 113. Year source published 11b. If ggd, SWAINPC did not issue prevailing wage OR "Other In question 11. specify source 5 2011 OFLC ONLINE DATA CENTER H. Employer Labor Condition Statements (mention: Note: In order for your application to be processedI you MUST read Section of the Labor Condition Application - General instructions Form ETA BUSSCP under the heading ?Employer Labor Condition Statements' and agree to all [our (4) labor condition statements summarized below: (1) Wages: Pay nonimmigranls at least the local prevailing wage or the employer's actual wage. whichever is higher. and pay for non- productive time. Offer bene?ts on the same basis as altered to U.S. workers. (2) Working Conditions: Provide working conditions for nonlmmigrants which will not adversely affect the working conditions of workers similarly employed. (3) Strike, Lockout. or Work Stoppage: There Is no strike. lockout. or work stoppage in the named occupation at the place of employment. (4) Notice: Notice to union or to workers has been or will be provided in the named occupation at the place of employment. A copy of this form will be provided to each worker employed pursuant to the application. 1. I have read and agree to Labor Condilion Statements 1. 2. 3. and 4 above and as fully explained In Section Yes No olr the Labor Condition Application - General Instructions - Form ETA ETA Form FOR DEPARTMENT OF LABOR USE ONLY Page 3 of 5 Case Number: "mlloa??wn Case Status: Period of Employment: 09mm" to mm? Department of Homeland Security 11.8. Citizenship and Immigration Servic 1. Name of the petitioner Case Document 27 Filed 01/30/15 Page 10 of 1 om NoJGlS-00093Expires1013mm3 Data Collection and Filing Fee Exemption Supplement 1. Name of the bene?ciary 6 [trump Model Management LLC I Alexia PALMER 1 Part A. General information 1. Employer Information - (check all items that apply) a. b. cl [5 the petitioner an I-l-lB dependent employer? No Has the petitioner ever been found to be a willful violator? No Is the bene?ciary an i-l- lB nonirnmigrant exempt from the Dept. of Labor attestation requirements? No 1. If yes, is it because the bene?ciary?s annual rate of pay is equal to at least $60,000because the bene?ciary has a master?s or higher degree in a specialty related to the employment? No . Has the petitionerreceived TARP funding (provide explanation on Page 7, Part 9 if the petitioner has 8 NO subsequently repaid all TARP funding)? . Does the petitioner employ 50 or more individuals in the No Ifyes,arernorethao50% ofthose employees in oanonimmigrant status? No 2. Bene?ciary's Highest Level of Education (Check one box below) El c. Some college credit, but less than 1 year d. One or more years of college, no degree El c. Associate's degree (for excarrple: AA, AS) a. N0 DIPLOMA b. HIGH SCHOOL GRADUATE DIPLOMA or the equivalent (example: GED) MSW, MA) LLB, JD) l. Doctorate degree (for example: 3. Major/Primary Field of Study f. Bachelor's degree erampieMaster?s degree (for example: Mil. MS. M?'ng, MEJ. h. Professional degree (for example: MD. DDS. DVM. High School 4. Rate of Pay Per Year 5. DOT Code 6. NAICS Code $75,000.Part B. Fee Exemption Determination In order for USCIS to determine if you must pay the additional $1,500 or $750 American Competitiveness and Workforce Elf?3 E: Improvement Act (ACWIA) fee, answer all of the following questionsinstitution of higher education as de?ned in section 101(a) of the Higher Education Act of; 1965, 20 use. l001(ononpro?t organimtion or entity related to or af?liated with an institution of higher education, as de?ned in section 101(a) of the Higher Edmation Act of 1965, 20 U.S.C. 1001(a)? END 3. Are you a nonpro?t research organization or a governmental research organization, as de?ned this the second or subsequent request for an extension of stay that this petitioner has ?led for this alien? Elsie El Yes 5. is this an amended petition that does not contain any request for extensions of stay? Form 1-129 [1le Data Collection Supplement (Rev. 1 marten: Page 1? :3 "f Pl Z?nUh? ?It. (3 15 Case 1:14-cv-08307-AT Document 27 Filed 01/30/15 Page 12 of 16 April 2011 US. Department of Homeland Security US. Citizenship and immigration Services Vermont Service Center 30 Houghton Street St. Albans. Vermont 05478 RE: PALMER. Alexia H-1B Visa Petition Dear Sir or Madam: . I am pleased to present this letter in support of the attached H-1B visa petition being ?led on behalf of Ms. Alexia Palmer. Trump Model Management LLC alkla Trump Models wishes to utilize Ms. Palmer's professional services. We will employ her as a Fashion Model for a temporary period of three (3) years. To this end. I take the liberty of detailing below the- nature of our business activities. Ms. Palmer's extraordinary talent in the fashion modeling industry and the position offered. THE PETITIONER Established in 1999.. Trump Model Management is one of New York City's lop modeling agencies. With a name that symbolizes success. the agency has risen to the top of the fashion market. producing models that appear on the pages of magazines such as Vogue. on designer runways. in advertising campaigns and blockbuster movies. We take pride in scouting and developing our own talent in the stars of today and tomorrow. as well as maintaining outstanding client relations. With unsurpassed management and direction. our diverse group of managers and scouts continue to impress the world with their taste and style. Trump Model Management is an expression of exquisite beauty and contemporary style. For over 10 years. Trump Model Management has been at the forefront of cultivating and nurturing a wide range of innovative and vibrant model talent. Priding itself in developing and managing some of the most noteworthy girls in the industry. Trump Models is also committed to creating a sense of family beyond the walls of the agency. Corinne Nicolas. President of Trump Model Management. and her team are dedicated and ambitious in their pursuit of ful?lling the careers for each of their models. She has enlisted veteran Model Managers Jan Stewart. Sandra Sperka, Jolene ha \f .lu . ar.viE?iT 155 SPRING STREET NYC 10012 212 924 1880 212 924 0880 19 Case Document 2H7_Filed 01/30/15 Page 14 of 16 4 Further, in accordance with paragraph (5) above. Ms. Palmer will command a salary of $75,000.00 per year. remuneration substantially higher than usually encountered in the ?eld. THE CONDITION REQUIREMENT HAS BEEN MET The required labor condition application has been ?led with the US. Department of Labor and approved by the Certifying Of?cer. CONCLUSION A review of the regulations and pertinent case law clearly establishes that Ms. Palmer merits classi?cation as an H-1B alien. Your review of the attached H-1 visa petition is respectfully solicited. We thank you for your attention to this matter. Very truly yours, WILDES 8: WEINBERG P.C. Encl. 28