September 15, 2008

FOR IMMEDIATE RELEASE

Hewlett-Packard laying off dozens of American software engineers while running PERM fake job ads to sponsor foreign workers for Greencards

Idaho Department of Labor is embroiled in HP scam to displace American software engineers with foreign workers

SUMMARY

For the past two years Hewlett-Packard has been running fraudulent job ads whose primary intent is to NOT find qualified Americans to fill positions, but rather to demonstrate that "no qualified Americans are available" as a step in obtaining greencards for their temporary foreign workers. This fraudulent PERM recruitment is continuing even as HP is laying off dozens of qualified American software engineers. The Idaho Department of Labor, by running these sham ads, is now unwittingly a party to this fraud against U.S. workers.

DISCLAIMER: This Press Release makes allegations against Hewlett-Packard based upon a set of circumstantial evidence. We have sent this PR to Petra Ramirez at HP, giving her an opportunity to rebut that the job ad running at the Idaho Department of Labor is a PERM ad, for a position that is already filled by a temporary foreign worker, and the HP's intent is to not find any qualified Americans to fill this position. We further allege that many of the American software engineers that HP is laying off are qualified to fill this and other HP positions.

Sacramento, CA September 15, 2008 -- PERM regulations require that employers "demonstrate" that no qualified Americans are available by posting job ads in a Sunday newspaper, and a few alternate recruitment procedures. The Programmers Guild has been monitoring these fake ads for two years. See prior HP PERM ads at www.programmersguild.org/RIR/.

While bona-fide HP job applications can be submitted via the web, the PERM fake ads require applicants to submit their resumes and applications via snail mail to this address:

Hewlett-Packard Company
19483 Pruneridge Avenue
Mail Stop 4206
Cupertino, CA 95014

Please see the screenshot below: "Please mail resumes with reference number to Hewlett-Packard Company Attn: P. Ramirez, 19483 Pruneridge Avenue, MS 4206, Cupertino, CA 95014. No phone calls please. EOE."

This address has been associated with Labor Condition Applications on the HP website, and previous "Attention" contact names turned out to be, not HR personnel, but rather "immigration specialists":

• www.programmersguild.org/docs/HP_PERM_Determinations.htm
• July 26, 2008 Rob Sanchez Job Destruction Newsletter - phony job ads from HP connected to Fragomen

P. Ramirez is "Petra Ramirez" - email petra.ramirez@hp.com. The ad lists phone number 650-857-1501 - which is an HP Sales line - the voicemail provides no option to speak with a Human Resources department.

1) This detailed contact info Ramirez reveals that the resumes are being received by an immigration consultant - what other possible reason than PERM processing?

HP Americas Immigration Consultant/Contingent
408-447-2886 office/ 408-447-2824 fax petra.ramirez@hp.com 
19483 Pruneridge Avenue, MS4206
Cupertino, CA 95014

2) The job ad includes the requirement: "plus five (5) years of post-baccalaureate, progressive experience in job offered...." This is an illegal PERM job requirement because experience gained by the temporary foreign worker within the current position cannot be used as a basis for excluding qualified Americans.

3) The requirement to "snail-mail" resumes is unique to PERM ads. This method provides applicants no means of proving they had applied for the job, and no means of proving the HP received them. For actual jobs HP accepts electronic resume submissions.

4) The job skills are not "specialized": C++, Linux, Microsoft Project, Microsoft PowerPoint, Microsoft Excel & Office Suite (e.g. "Microsoft Word"). The job ad does not list a minimum number of years of experience required in these skills. (And MS Project and PowerPoint can be mastered with a few days of training. But HP would reject an otherwise qualified candidate who had never created a PowerPoint presentation?)

The PERM ads are also at job sites such as CareerBuilder.com. (screenshot below) Many jobs at such sites are bogus, either as PERM, or as multiple bodyshops advertise for the same position, which would not be filled if a contract is granted in the future. But Congress sees all these job listings and concludes that there is a "labor shortage." It's only once laid off workers start applying that they learn the truth.

The PERM fake ad process is well-documented, such as in the Cohen & Grigsby YouTube video.

Accordingly, we believe there is sufficient evidence that the HP ad on the Idaho Department of Labor website is a PERM fake ad intended to disqualify American applicants in order to secure a greencard for foreign workers currently holding TN, H-1b, E-3, or related temporary visas.

DOES HEWLETT-PACKARD HAVE A LABOR SHORTAGE?

Google: Packard Boise Layoff - reveals that Hewlett-Packard is in the process of laying off several hundred American workers in the Boise area:

Idaho Statesmen 8/26/2008 - Layoffs resume at Hewlett-Packard in Boise
The company is tight-lipped, but workers believe up to 25% of Imaging and Printing staff worldwide may lose their jobs.

KIVI-TV TODAY'S 6 IDAHO'S NEWS 8/25/2008
Boise Hewlett-Packard Layoffs Underway

The Guild has been contacted by laid off HP software engineers who have applied for this position.

DOES HEWLETT-PACKARD ENGAGE IN AGE DISCRIMINATION?

Laying off skilled American workers while bringing in H-1b workers is one form of age discrimination. Another form is HP job ads that exclude Americans that have more than one year of experience, such as this recent ad: www.programmersguild.org/docs/HP_Age_Discrimination.htm (In spite of the exclusion of older, experienced workers, the ad cites an array of desired experience that the candidate should have.)

ABOUT US

The Programmers Guild advocates for the interests of U.S. computer programmers and other tech workers. See www.programmersguild.org for more information.

Mr. Kim Berry
President, Programmers Guild
kim (at) programmersguild.org
www.programmersguild.org

SCREENSHOTS (SEE BELOW): Position on Idaho Department of Labor, and three PERM jobs listed at www.CareerBuilder.com - all specify that applicants must apply via snail-mail - and all specify experience "in job offered" in the requirements.

  RECENT HP PERM ADS IN OTHER LOCATIONS:

8-31-2008 - Hewlett-Packard Company is accepting resumes for the following positions in Houston, TX: IT DEVELOPER/ENGINEER (Order Integration Technical Lead) (Ref. #HOUAGAN) Reqs. exp. with Project development methodology & quality assurance; Partner/customer order integration; Supplier Chain transaction integration; WebMethods 6.5; WebLogic/BEA; Oracle/ SQL 10G; IDOC/xcbl/cxml document format. Reqs. incl. Master's or foreign equiv. in Comp. Science, Comp. Application, Elec- trical Eng., or related field & 5 yrs. of exp. in job offered, or related. IT DEVELOPER/ENGINEER (Ref. #HOUMBH) Reqs. exp. with Interface Programming (FM (Function Module)); BAPI; SAP Script; ALE/IDOC; SAP Smart Form; SAP Notes; Supporting SAP up- grades. Reqs. incl. Bachelor's or foreign equiv. in Comp. Science, Comp. Eng., Electrical Eng., or related & 5 yrs. of exp. in job offered, or related. For every yr. missing towards a 4 yr. Bachelor's degree, employer will accept an add'l 1 yr. of related work exp. If unrelated degree, employer will also accept an add'l 1 yr. of related work exp. QUALITY PROGRAM MANAGER (Ref. #HOULRI) Reqs. exp. with financials & business models tools including COPE; ITSM processes including planning, executing & controlling Infrastructure Tech.; Proj. Mgmt. methodology prin. Reqs. incl. Master's or foreign equiv. in Business Admin., Mktg., or related field & 5 yrs. of exp. in job offered, or related. Please mail resumes with reference number to Hewlett- Packard Company, Attn: P. Ramirez, Ref. #, 19483 Pruneridge Avenue, MS 4206, Cupertino, CA 95014. No phone calls please. Must be legally autho- rized to work in the U.S. without sponsorship. EOE.