July 7, 2008
Dear Karin Moore, DC Staff of Congressman Lungren,
Thank for you returning my call on Thursday July 3rd.
I was driving south on I-5 and we lost cell signal. Or discussion
stemmed from Congressman Lungren misrepresenting that H-1b are only used
in cases when no qualified Americans are available. This is incorrect:
Lungren told the editorial staff: "However, due to caps on H-1B visas, which allowed employers to recruit and hire non-residents
when resident workers are not available, jobs are lost. Companies simply cannot get enough of these visas that create jobs," he said.
Furthermore, only in very rare cases to H-1b workers
"create jobs." Mostly they are filling the same contracts and positions
that many Americans are trying to fill. More commonly they displace
qualified Americans out of their profession.
You had told me that Congressman Lungren supports
increasing the H-1b cap because employers within the 3rd Congressional
District claim that they have positions that they are unable to fill
with Americans and as a result are either hiring
few Americans for support positions, or are being forced to relocate
I had asked that you check the upcoming Sunday Sacramento
Bee classified ads to see if they suggested a "labor shortage." Here are
The only bona-fide ads are PUBLIC SECTOR. And even
these are sometimes run to justify internal promotions rather than to
hire new employees.
The two private sector ads are both PERM FAKE JOB
ADS. I've been documenting these ads over the past two years in the
Sacramento Bee at
The Revenue Solutions ad even mentions
"immigration" within the ad and calls for "1+ year experience in the job
DOL LCA Record indicates that they hired an H-1b for Roseville
California for a salary of $53,000. That is way below market for a
candidate with an MS degree and skilled in Java and Oracle. (The only
reason that the "MS" requirement is added is to give a basis for
excluding otherwise qualified Americans. None of the skills required
are related to whether a candidate holds a BS or MS degree.
EVIDENCE: The more senior "LEAD/IT
Manager" position at Roseville accepts either BS or MS.)
The LexisNexis Examen ad has a vague
description of one year experience. In the Sacramento Bee the standard
is to preface computer jobs with "COMPUTER," but the LexisNexis ad was
prefaced with "Information Tech," causing it to be hidden on another
page. Drafting ads that will draw the least number of applications is on
of the legal techniques of running PERM fake ads. The
DOL LCA Record
indicates that they had applied for an H-1b
Database Engineer for a salary of $61,797.
Congressman Lungren seems to believe that H-1b
workers are exceptionally skilled workers. Please see
www.programmersguild.org/SFH1b/ for examples of the type of jobs and
salaries that the H-1b program is used for.
for details of how Bill Gates and Microsoft have utilized the H-1b
program to set up R&D centers overseas.
We have spelled out a reform that would allow
Microsoft, and other employers, to have all of the H-1b that they need,
without raising the cap:
- What action has Congressman Lungren taken to implement this reform?
On the phone I had explained that the H-1b cap is not
the cause of either a "skill shortage" or the offshoring of jobs.
Between 2001 and 2004 there was virtually no H-1b cap, because the cap
of 195,000 was never reached. December 2002 Forbes:
The New HP Way: World's Cheapest Consultants - reveals that
HP was actively outsourcing, and what their motive was:
"We're trying to
move everything we can offshore." - HP Services
chief Ann Livermore ... HP figures a good high-end
programmer in India costs about $20,000 a year, about a
quarter the U.S. cost. And things could get even
cheaper. "We see China gaining on India about three or
four years from now."
Since then HP Roseville headcount has dropped from
about 6000 to 3000 workers. Many highly qualified workers with many
years of experience at the company were laid off. This was NOT because
HP could not get enough qualified workers.
1. Since there are zero help wanted ads for
computer/software professionals being run in this district, on what
basis does Congressman Lungren believe that there are positions open?
Can you please provide a few examples of specific job openings in this
district that can only be filled by H-1b workers -- what skills
they require, what salary they pay, and what recruitment efforts the
employers are taken? Perhaps the Programmers Guild can help find
them some qualified American candidates. We also need to gather this
information to provide to CSU Sacramento and the local community
colleges so that they can adjust their programs to better meet the needs
of local employers.
2. Have you reviewed the "H-1b Harm Report" at
www.HireAmericansFirst.org, where hundreds of U.S. tech workers have
detailed their personal experiences? How does Congressman Lungren
respond to these Americans who are being displaced by foreign
consultants at foreign consulting firms under this program that Congress
Exult My husband lost his computer programming
job when his company imported cheaper programmers from India.
Lucent Technologies I was displaced from my contract position in
August 2001 while the H-1B guest workers were retained.
PG&E (San Francisco) My company was actively hiring Indian
contractors through Tata and Infosys at the time I was let go.
Cognizant The company is phasing out American consultants, and
later this year, American employees of that company.
MMO and SnapOn Replaced by H-1B. Spouse replaced by guest worker
General Electric Healthcare I am now retired from GE Healtcare,
Milwaukee. I was forced into retirement at age 60, and eventually
replaced by H-1B workers. Several American engineers have been replaced
at GE by H-1B and green card workers.
AT&T/TATA In October 2001 our office was notified that come Jan
1, 2002 the office would be closed. Within days of the closing, foreign
nations were being bused in to the vacated center.
The University of Chicago Laid off, lost valuable benefits while
H-1b workers retained. Not interviewed for 81 positions while at same
time U.S. Labor Dept. of Labor approved 208 foreign nationals to work at
Lincoln Financial Applied for an Actuate Developer job at company
and was turned down. However, they did hire a colleague of mine for the
same position who was an H-1B worker and who I had trained and mentored
at a previous employer.
Mastercard In 2001, lost contract as company moved away from
Americans to H-1B contractors
McDonalds, Discover, and others The issue I am facing is L-1s now more
than H-1b visas. L-1 are being used to bring a foreign workers over for
training and then the company eliminates higher cost employees and
Phillips Semiconductor In 1998 I was replaced by an H-1b from
India while working at Phillips Semiconductor in Mountain View
Cognizant Technologies Indian Consulting firms set up phony
interviews with the objective of gaining salary information.
PERM FAKE ADS I applied for many positions listed in ads only to
find out that the position listed were mostly ads to justify H-1B
positions of people working for companies whose H-1B positions were
IBS US (El Dorado Hills, California) H-1B workers never
complained about working weekends without pay, as they were faced with
losing their Visa if they lost their job. Laid off in 2001 while H-1B
holders were retained.
IBM After 30 years as an IT professional, I
cannot get so much as an interview.
Anthem Blue Cross California As a programmer at Anthem Blue
Cross, I was among many who were coerced into taking early retirement in
lieu of losing our retirement benefits. This made room for more H-1b
visa programmers from India.
Fiserv Company laid off all American programmers and kept
foreigners - H-1Bs and other visa holders.
WiPro & InfoSys
I just finished my M.S. Degree in Computer
Science. I continue to see U.S. Citizen's jobs outsourced or offshored
or both to India and China. My current company employs Wipro & InfoSys.
They are laying off U.S. workers and hiring "contractors" from these two
companies to do their job in the U.S. (under visa program) or in India.
3. Why hasn't Congressman Lungren promoted basic U.S.
worker protection reforms, such as mandating that employers first make a
good faith, public, effort to fill jobs with American workers before DOL
is mandated to approve the H-1b applications?
4. How does Congressman Lungren justify expanding a
largest users of H-1b are Indian consulting firms. They
admit that their competitive advantage is that they pay 25% below
what they would have to pay to American workers? These firms do not
create U.S. jobs - they are the conduit that is moving U.S. tech
5. What does Congressman Lungren say to my children
from Citrus Heights who are obtaining tech degrees at USC and Cal Poly,
and will be forced to compete as new grads against a flood of foreign
H-1b workers who are willing to work for wages as low as $40,000 for the
chance to become a U.S. citizen?
Mr. Kim Berry