Informational purposes only. Not an Original Certification

Application for Permanent
Employment Certification
ETA Form 9089

U.S. Department of Labor
Employment and Training
Administration

A. Refiling Instructions

Are you seeking to utilize the filing date from a previously submitted Application for Alien Employment Certification ( ETA 750)?

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1-A. If Yes, enter the previous filing date

 

1-B. Indicate the previous SWA or local office case number OR if not available, specify state where case was originally filed:

 

B. Schedule A or Sheepherder Information

Is this application in support of a Schedule A or Sheepherder occupation?

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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

EXPRESS SCRIPTS SERVICES COMPANY 

2. Address 1

1 EXPRESS WAY 

Address 2

 

3. City

ST. LOUIS 

State/Province

MO 

Country

UNITED STATES OF AMERICA 

Postal Code

63121 

4. Phone Number

314 684 5120 

Extension

 

5. Number of employees

3753 

6. Year commenced business

2012 

7. FEIN (Federal Employer Identification Number)

redacted field

8. NAICS code

541611 

9. Is the employer a closely held corporation, partnership, or sole propri etorship 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?

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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

Cormier 

First Name

Hazel 

Middle Initial

 

2. Address 1

1 EXPRESS WAY 

Address 2

(HQ1:1W107) 

3. City

ST. LOUIS 

State/Province

MO 

Country

UNITED STATES OF AMERICA 

Postal Code

63121 

4. Phone Number

314 684 5120 

5. E-mail Address

hcormier@express-scripts.com 

E. Agent or Attorney Information (If applicable)

1. Agent or attorney's Last Name

Song 

First Name

Shelly 

Middle Initial

 

2. Firm Name

Fragomen, Del Rey, Bernsen & Loewy, LLP 

3. Firm EIN

redacted field

4. Phone Number

310-820-3322 

Extension

 

5. Address 1

444 S. Flower St. 

Address 2

Ste. 500 

6. City

Los Angeles 

State/Province

CA 

Country

UNITED STATES OF AMERICA 

Postal Code

90071 

7. E-mail Address

ssong@fragomen.com 

F. Prevailing Wage Information (as provided by the State Workforce Agency)

1. Prevailing wage tracking number
    (if applicable)

P10018275454544 

2. SOC/O*NET (OES) code

15-1132 

3. Occupation Title

Software Developers, Applications 

4. Skill Level

Level III 

5. Prevailing Wage

$ 117,624.00 

    Per

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6. Prevailing Wage Source

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6-A. If Other is indicated in question 6,
     specify:

 

7. Determination Date

03/04/2019 

8. Expiration Date

06/30/2019 

G. Wage Offer Information

1. Offered Wage

From $ 138,861.00     To (optional) -

  Per

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H. Job Opportunity Information (Where work will be performed)

1. Primary Worksite (where work is
    to be performed) Address 1

100 Parsons Pond Drive 

Address 2

 

2. City

Franklin Lakes 

State

NJ 

Postal Code

07417 

3. Job Title

Software Development Engineer (Java) 

4. Education: minimum level required

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4-A. If Other is indicated in question 4, specify the education required:

 

4-B. Major field of study

Computer Information Systems, Computer Engineering, Engineering (any), or rltd 

5. Is training required in the job opportunity?

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5-A. If Yes, number of months of training required:

 

5-B. Indicate the field of training

 

6. Is experience in the job offered required for the job?

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6-A. If Yes, number of months experience required:

36 

7. Is there an alternate field of study that is acceptable?

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7-A. If Yes, specify the major field of study:

 

8. Is there an alternate combination of education and experience that is acceptable?

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8-A. If Yes, specify the alternate level of education required:

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8-B. If Other is indicated in question 8-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 educational equivalent acceptable?

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10. Is experience in an alternate occupation acceptable?

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10-A. If Yes, number of months experience in alternate occupation required:

36 

10-B. Identify the job title of the acceptable alternate occupation:

Software Developer, Sr Java Developer, Technical Proj Mgr, Tech Team Leader, Tech Analyst, or rltd 

11. Job Duties - If submitting by mail, add attachment if necessary. Job duties description must begin in this space.

Oversee the writing and modifying of complex software application programs. Create detailed specifications or designs, conduct quality assurance reviews of peer's application programming, and act as a resource for team members with less experience. Code, test, debug, document, and maintain software application programs. Partner with a multiple vendors to create estimates and delivery plans for projects and ensure quality of technology delivery of multiple vendors’ technology solutions for multiple concurrent projects. Provide technology leadership and delivery accountability for solutions for multiple concurrent projects within an application family (i.e. Claims, C&PS, or CS&DW). Set direction to mature the technology associated with the team, a key aspect of this is “tech debt” removal when possible. Identify and implement process enhancement opportunities associated with supporting the application area. Serve as Subject Matter Expert for components of the team. Support activities of senior team members and architects to set direction for new technology components in the ESI environment. Provide technical guidance to projects for components of a technology suites. Lead efforts to develop standard practices, components, guidelines for use of complex technology components. Resolve urgent and high production incidents. Determine root cause of problems and driving resolution. 

12. Are the job opportunity's requirements normal for the occupation?

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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?

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If the answer to this question is Yes, the employer must be prepared to provide documentation demonstrating that the language requirements are supported by business necessity.
14. Specific skills or other requirements - If submitting by mail, add attachment if necessary. Skills description must begin in this space.

Experience working at the highest technical level of pharmacy related software phases of application programming activities; Experience overseeing the writing and modifying of complex pharmacy software application programs; Experience creating detailed pharmacy software specifications and designs, conducting quality assurance reviews of peers’ application programming, and acting as a mentor to others in these programs; Experience providing technology leadership and delivery accountability for solutions for multiple concurrent projects; Experience identifying and implementing pharmacy process enhancement opportunities associated with supporting the various pharmacy applications; Experience partnering with enterprise and solution architects to set direction for maturing use of/retiring/adding technology components; Experience providing technical guidance to projects/programs for complex components of a multiple technology suites; Experience leading actions to determine root cause of problems and drive resolutions; Knowledge of WebSphere and Tomcat application servers; Knowledge of software development/management tools such as Eclipse, Jenkins, and GIT; Knowledge of Mobile First 7.x or higher; Experience with ANT 1.8 or higher, Java 8+, J2EE, Java JSP, JTL, Java web services, Mule, Hibernate, Entity framework, Spring framework, Ajax, Javascript, Bootstrap, Apache tcserver, Oracle 12 or higher, Oracle forms, JQuery, JQuery UI, HTML5, ASP.net web forms, ASP MVC, ASP web API, ASP SPA, ASP.net 3.5+, ASP.net Web Services, MS SQL Server 2088+, T-SQL, PL-SQL, MS IIS 7.5+, Visual Studio 2013+, and InteliJ. ***Up to 20% domestic travel required. ***Experience in H.8-C must be post baccalaureate and progressive. Any suitable combination of education, training, or experience is acceptable. ***The years of experience in H.6-A, H.8-C, and H.10-A do not apply to the required skills listed in this section. The employer will accept any level of experience, knowledge, or proficiency in the specific skills listed in this section.

15. Does this application involve a job opportunity that includes a combination of occupations?

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16. Is the position identified in this application being offered to the alien identified in Section J?

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17. Does the job require the alien to live on the employer's premises?

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18. Is the application for a live-in household domestic service worker?

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18-A. If Yes, have the employer and the alien executed the required employment contract and has the employer provided a copy of the contract to the alien?

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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 occupation are those for which a bachelor's degree (or equivalent) is nomally required.

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2. Is this application for a college or university teacher?

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If Yes, complete question 2-A and 2-B below.
2-A. Did you select the candidate using a competitive recruitment and selection process?

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2-B. Did you use the basic recruitment process for professional occupations?

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b. Special Recruitment and Documentation Procedures for College and University Teachers - Complete only if the answer to question I.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 answers to questions I.a.1 is No and I.2-B is Yes.

6. Start date for the SWA job order

10/04/2018 

7. End date for the SWA job order

11/03/2018 

8. Is there a Sunday edition of the newspaper in the area of
intended employment?

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9. Name of newspaper (of general circulation) in which the first advertisement was placed:

The Record 

10. Date of first advertisement identified in question 9:

11/04/2018 

11. Name of newspaper or professional journal (if applicable) in which second advertisement was placed:

The Record 

       
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12. Date of second newspaper advertisement or date of publication of journal identified in question 11:

11/11/2018 

d. Professional Recruitment Information - Complete if the answer to question I.a.1 is YES or if the answer to I.a.2-B is YES. Complete at least 3 of the items.

13. Dates advertised at job fair

From: - To: -

14. Dates of on-campus recruiting

From: - To: -

15. Dates posted on employer web site

From: - To: -

16. Dates advertised with trade or professional organization

From: 11/01/2018 To: 11/08/2018

17. Dates listed with job search web site

From: 11/05/2018 To: 11/12/2018

18. Dates listed with private employment firm

From: - To: -

19. Dates advertised with employee referral program

From: - To: -

20. Dates advertised with campus placement office

From: - To: -

21. Dates advertised with local or ethnic newspaper

From: 11/08/2018 To: 11/08/2018

22. Dates advertised with radio or TV ads

From: - To: -

e. General Information - All must complete this section.

23. Has the employer received payment of any kind for the submission of this application?

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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?

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25. If there is no bargaining representative, has a notice of this filing 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?

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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?

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26-A. If Yes, were the laid off U.S. workers notified and considered for the job opportunity for which certification is sought?

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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

redacted field

First Name

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Full middle name

redacted field

2. Current address 1

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Address 2

redacted field

3. City

LAKE HIAWATHA 

State/Province

NJ  

Country

UNITED STATES OF AMERICA 

Postal Code

07034 

4. Phone number of current residence

redacted field

5. Country of citizenship

INDIA 

6. Country of birth

INDIA 

7. Alien's date of birth

redacted field

8. Class of admission

H-1B 

9. Alien registration number (A#)

redacted field

10. Alien admission number (I-94)

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11. Education: highest level achieved relevant to the requested occupation:

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11-A. If Other indicated in question 11, specify

 

12. Specify major field(s) of study

ENGINEERING (MECHANICAL) 

13. Year relevant education completed

2006 

14. Institution where relevant education specified in question 11 was received

PT. RAVISHANKAR SHUKLA UNIVERSITY, RAIPUR 

15. Address 1 of conferring institution

GREAT EASTERN RD, AMANAKA 

  Address 2

 

16. City

RAIPUR 

  State/Province

CHHATTISGARH 

  Country

INDIA 

  Postal Code

492010 

17. Did the alien complete the training required for the requested job opportunity, as indicated in question H.5?

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18. Does the alien have the experience as required for the requested job opportunity indicated in question H.6?

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19. Does the alien possess the alternate combination of education and experience as indicated in question H.8?

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20. Does the alien have the experience in an alternate occupation specified in question H.10?

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21. Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested?

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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?

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23. Is the alien currently employed by the petitioning employer?

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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.

1. Employer Name

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2. Address 1

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     Address 2

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3. City State/Province Country Postal Code

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4. Type of Business

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5. Job Title

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6. Start Date

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7. End Date

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8. Number of hours worked per week

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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.)

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L. Alien Declaration

I declare under penalty of perjury that Sections J and K 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 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, I further declare under penalty of perjury that I intend to accept the position offered in Section H 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's last name

redacted field

First name

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Full middle name

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2. Signature Date signed

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Note - The signature and date signed do not have to be filled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for final processing.

M. Declaration of Preparer

1. Was the application completed by the employer? If No, you must complete this section.

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I hereby certify that I have prepared this application at the direct request of the employer listed in Section C and that to the best of my knowledge the information contained herein is true and correct. I understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine, imprisonment up to 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

Ho 

First Name

Amy 

Middle initial

 

3. Title

Associate Attorney 

4. E-mail address

aho@fragomen.com 

5. Signature

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Date signed

 

Note - The signature and date signed do not have to be filled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for final processing.

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 monthly basis that equals or exceeds the prevailing wage. 3. I have enough funds available to pay the wage or salary offered the alien. 4. I will be able to place the alien on the payroll on or before the date of the alien's proposed entrance into the United States. 5. The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship. 6. The job opportunity is not: a. Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage; or b. At issue in a labor dispute involving a work stoppage. 7. The job opportunity's terms, conditions, and occupational environment are not contrary to Federal, state or local law. 8. The job opportunity has been and is clearly open to any U.S. worker. 9. The U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. 10. The job opportunity is for full-time, permanent employment for an employer other than the alien. I hereby designate the agent or attorney identified in section E (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 I have read and reviewed this application and that to the best of my knowledge the information contained herein is true and accurate. I understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine or imprisonment up to 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

Cormier 

First name

Hazel 

Middle initial

 

2. Title

Director, Talent Acquisition 

3. Signature

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Date signed

 

Note - The signature and date signed do not have to be filled out when electronically submitting to the Department of Labor for processing, but must be complete when submitting by mail. If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for final processing.