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

MICROSOFT CORPORATION 

2. Address 1

ONE MICROSOFT WAY 

Address 2

 

3. City

REDMOND 

State/Province

WA 

Country

UNITED STATES OF AMERICA 

Postal Code

98052 

4. Phone Number

425-538-3872 

Extension

 

5. Number of employees

54000 

6. Year commenced business

1975 

7. FEIN (Federal Employer Identification Number)

redacted field

8. NAICS code

51121 

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

Chen 

First Name

Jack 

Middle Initial

 

2. Address 1

One Microsoft Way 

Address 2

 

3. City

Redmond 

State/Province

WA 

Country

UNITED STATES OF AMERICA 

Postal Code

98052 

4. Phone Number

425-706-7916 

5. E-mail Address

perm@microsoft.com 

E. Agent or Attorney Information (If applicable)

1. Agent or attorney's Last Name

Kugler 

First Name

Isabel 

Middle Initial

 

2. Firm Name

Tafapolsky & Smith LLP 

3. Firm EIN

redacted field

4. Phone Number

2138332003 

Extension

 

5. Address 1

555 W. Fifth Street 

Address 2

Suite 4510 

6. City

Los Angeles 

State/Province

CA 

Country

UNITED STATES OF AMERICA 

Postal Code

90013 

7. E-mail Address

kugler1@tandslaw.com 

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

1. Prevailing wage tracking number
    (if applicable)

P10011264159341 

2. SOC/O*NET (OES) code

15-1031.00 

3. Occupation Title

Software Developers, Applications 

4. Skill Level

Level III 

5. Prevailing Wage

$ 96,720.00 

    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

11/28/2011 

8. Expiration Date

06/30/2012 

G. Wage Offer Information

1. Offered Wage

From $ 104,265.00     To $ 124,265.00

  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

One Microsoft Way 

Address 2

 

2. City

Redmond 

State

WA 

Postal Code

98052 

3. Job Title

Program Manager 2 - Ad Platform or Other 

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

Comp. Sci., Engineering, Math., Info. Systems, Physics or a related field 

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:

Comp. Sci., Engineering, Math., Info Systems, Physics or a related field 

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:

Any computer related job title 

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

Coordinate program development of computer software applications, systems or services, working with development and product planning teams. Write functional specifications and apply principles and techniques of computer science, engineering, or mathematical analysis. Areas of responsibility span the product life cycle and include owning or contributing to the vision and strategy creation for the product or service, designing all areas of the product or service, and managing implementation to support the product or service release. Also responsible for overall communication within the team, with other business groups, and with customers and partners. Work autonomously on a specific software feature area or component, contributing broadly to product development and demonstrating characteristics of emerging technical leadership. Understand the overall product vision in order to align priorities for his or her software features or components. Understand customer and/or partner needs in order to create specifications, designs, or plans for software feature areas or projects. Remove obstacles and lead consensus across software feature areas or projects. May be assigned to various projects that utilize the required skills to deploy successful product or services releases, from early product definition and scoping to detailed specification, implementation and roll-out phases. Specifically, design all areas of a product (15%) and contribute to the vision and strategy creation for the product (10%). Perform product planning (10%) and coordinate product development (10%). Manage implementation to support the product release (10%). Define KPIs for measuring product quality and drive teams to achieve the KPIs (10%). Write functional specifications (15%). Facilitate and make trade-off decisions between quality, costs, resources, scope and time (10%). Identify and solve project issues (5%). Responsible for overall communication within the team, with other business groups, and with customer and partners (5%). 

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.

Requires Master's or foreign equivalent degree in Computer Science, Engineering, Mathematics, Information Systems, Physics or a related field and 3 years software development experience formulating and analyzing software requirements utilizing C, C++, or C#. Alternate education and experience requirements: Bachelor's degree or foreign equivalent degree in Computer Science, Engineering, Mathematics, Information Systems, Physics or a related field and 5 years of progressive, post-baccalaureate software development experience formulating and analyzing software requirements utilizing C, C++ or C#. This position also requires education or experience in: C++, Visual Studio, Managed Code, Reporting, and managing software or business processes for operations, systems, projects, tools or policies. Any suitable combination of education, training or experience is acceptable. Please note that the PERM Online System has not yet been updated with the SOC 2010 codes. The code listed in F.2, 15-1031.00 relates to the O*NET code and the SOC 2000 code. The SOC 2010 code provided on the ETA 9141 is 15-1132.

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

09/21/2011 

7. End date for the SWA job order

10/21/2011 

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:

Seattle Times 

10. Date of first advertisement identified in question 9:

09/18/2011 

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

Seattle Times 

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

09/25/2011 

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: 10/01/2011 To: 10/01/2011

17. Dates listed with job search web site

From: 09/21/2011 To: 09/30/2011

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: 09/23/2011 To: 09/23/2011

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

redacted field

Full middle name

redacted field

2. Current address 1

redacted field

Address 2

redacted field

3. City

SEATTLE 

State/Province

WA  

Country

UNITED STATES OF AMERICA 

Postal Code

98121 

4. Phone number of current residence

redacted field

5. Country of citizenship

ROMANIA 

6. Country of birth

ROMANIA 

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

COMPUTER INFORMATION SYSTEMS 

13. Year relevant education completed

2006 

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

THE ACADEMY OF ECONOMIC STUDIES BUCHAREST 

15. Address 1 of conferring institution

15TH-17TH CALEA DOROBANTILOR 

  Address 2

1ST DISTRICT 

16. City

BUCHAREST 

  State/Province

 

  Country

ROMANIA 

  Postal Code

010552 

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

redacted field

Full middle name

redacted field

2. Signature Date signed

redacted field

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

Kugler 

First Name

Isabel 

Middle initial

3. Title

Attorney 

4. E-mail address

kugler@tandslaw.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

YOSHIMURA 

First name

Megan 

Middle initial

 

2. Title

Microsoft In-House Attorney 

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.