TO:
|
Regional Office |
Permanent Labor |
http://www.workforcesecurity.doleta.gov/foreign/contacts.asp
via Fax
bcc: Media and Legislators
Online:
www.naea.us/docs/foreign_labor_letter1.html
www.naea.us/docs/foreign_labor_letter1.pdf
Subject: Allege that DOL is defrauding Americans out
of their jobs
Dear Foreign Labor
Certification,
I am concerned that your
certification policies are resulting in fake job ads in the Sacramento Bee.
This is fraud on American Workers and could be viewed as a conspiracy between
DOL and the Bee to deprive
I’m further concerned that
DOL Chief visited California in July, and, in a private meeting with immigration
attorneys representing foreign workers,
both with no one representing the interests of U.S. workers, ordered your
offices to continue granting permanent RIR certifications based on these fake
ads. See details in Appendix B.
Why is this charade continuing
when the number of tech jobs in the
http://www.eweek.com/article2/0,4149,1390957,00.asp?kc=EWNWS112003DTX1K0000599
Many of my former coworkers
are unemployed. Hundreds of such workers have placed their testimonials at this
webpage:
In addition to the outrage of
unemployed Americans responding in good faith to bogus ads, the ads present an
additional problem for divorced parents. In family court, judges have the
discretion to impute income to "earning capacity," and often consider
classified ads evidence of employment opportunities. But most judges are not
aware that many ads are fake - run solely to present to DOL for RIR purposes.
REQUESTS
1)
Will your office
please provide an estimate of how many employers are running classified ads for
the sake of RIR applications?
2)
Will your office
confirm for the media that DOL is still granting permanent labor certifications
based on RIR – with no requirement that qualified
3)
Will your office
name some of the major employers that have RIR applications pending?
4)
What were the
findings by your local offices that Chief Bill Carlson overruled?
Sincerely,
Mr. Kim Berry
www.naea.us
– board
cell: 916 213-0492
Appendix A – Fake Job Ads
From: Kim Berry
Sent: Sunday, November 16, 2003 4:13 PM
To: rrodriguez@sacbee.com -
editor
Cc: (undisclosed)
Subject: 11/16 Sacramento Bee has fraudulent job ads
Dear Sacramento Bee,
Note that Tony Marcano's (Ombudsman) column today is titled "The conduct
of corporations needs press scrutiny."
http://www.sacbee.com/content/news/columns/ombudsman/
In this spirit, will you ask
In July I alleged that Cypress Semiconductor
was running fake job ads in the Sacramento Bee. You ignored my correspondence:
http://www.naea.us/docs/beefakejobads.html
(bottom of page)
On Sunday Nov 16th the same ad ran again. Oddly the
http://jobsearch.cypress.newjobs.com/
The Synergex ad is also fraudulent.
Their website lists NO JOB OPENINGS:
http://www.synergex.com/Company/jobs/ViewAllOpenings.asp
And they have an H-1b visa expiring this week - issued 11/2000:
http://www.h1b.info/lca_job_details.php?oid=a71902&page=1&sort=&name=SYNERGEX+INTERNATIONAL+CORP&company=synergex&city=&state=&year=ALL
The Bee was on notice that these ads were fraudulent. Yet you are still running
them. This is fraud upon your readers and the jobseekers within the
Can you please investigate this, and take a position against running fraudulent
ads -- or at least include a disclaimer that your ads may not represent
actual openings?
Appendix B – DOL Chief conspires with
immigration attys
From: Kim Berry
Sent: Friday, October 10, 2003 3:43 PM
To: (undisclosed)
Subject: DOL chief overrules regional
offices - orders tech jobs given to immigrants
Media,
The media has never reported on the DOL "RIR" program. An overview
and link to DOL RIR rules is here:
http://www.naea.us/legislation.asp
On July 10, 2003, DOL Chief of Foreign Labor Certification Bill Carlson
wrote in response to 125 displaced IT workers:
"As indicated in our previous letter to you, the Department has
recommended substantial reform of the H-1 B program for temporary foreign
professionals, including requiring employers to make bona fide efforts to
recruit and retain U.S. workers before hiring temporary foreign workers, and
prohibiting the displacement of U.S. workers with temporary foreign
workers." (page 2)
The letters link from this page:
http://www.naea.us/documents.asp
(see the testimonials in the original letter)
RIR permits, at the discretion of DOL, for employers to obtain permanent
residency for their foreign workers by simply running a few help wanted ads.
But if the DOL finds there is not a labor shortage within the skill, they are
not suppose to honor the RIR. In response to the high unemployment in
Just six days later on July 16th, at the request of immigration law firm http://www.jackson-hertogs.com/ ,
Carlson traveled to
Carlson then ordered an across the board freeze on all remands of RIR to EDD -
in effect granting these several hundred jobs to the foreign workers -
excluding all qualified U.S. workers who had applied for these jobs.
A "remand" merely requires the employer to conduct further
recruitment that will consist of three days of advertising in the appropriate
newspaper and a 30-day job listing on the EDD placement system. If they truly
hoped to fill their worker shortage, why would they object?
DOL blatantly violated the substantial interests of U.S. citizens, in favor of
foreigners, by depriving U.S. workers from due process representation at this
meeting in which their constitutional interests were at stake
RIR is a conspiracy between government and corporations to deprive Americans of
jobs. The companies run ads with the intent that they not result in any
applicants - because the jobs are already filed by nonimmigrant workers that
they hope to retain. (There are 500,000 such workers in the
REFERENCES
Summary by law firm that arranged and conducted the meeting with DOL:
http://www.jackson-hertogs.com/news/2003/0721.htm
http://www.morganlewis.com/RIR.pdf
INSTRUCTIONS ON HOW TO DRAFT BOGUS JOB ADS – All
resumes received are to go in the trash. The Ad is crafted to match the foreign
worker and exclude
http://www.usavisanow.com/lcgreencard-rir.html
DOL puts more effort into clearing backlog of foreign work visas than on
protecting
http://www.usavisanow.com/10-29-03.html
RIR Info - p.4 "con" - the bogus ads
"will result in many applicants"
http://www.bakerlawcorp.com/Newsletter/2003-August%20Vol-1%20Issue-6.pdf