September 20, 2009

Dear Paul Flint, Omni-Means HR Manager,
(916) 782-8688
http://www.linkedin.com/pub/paul-flint/a/a54/8a 

I wish to notice Congressman Lungren and the bcc'd media that you are "taking the fifth" (possibly on advice of your immigration attorney) regarding my allegations of September 15th.  Since no one has denied any of my allegations in a timely manner, I feel justified in posting this on the web for spidering to search engines:

While you failed to explain why both your website (screenshot at the bottom of the page) and your prior job ads, such as here (archived here) invite applicants to submit their resumes via email, your current ad in the Sacramento Bee - and now on your website - directs that applicants must snail-mail their applications.

I also note that you have altered your website. (See screenshots below.) On September 15th it read:

On September 20th the page is now an awkward sentence:

I repeat my allegation: The reason you do not want emailed resumes for this ad is so that you can ignore the resumes of qualified American applicants while avoiding an electronic trail of applicants - so that you can attest to DOL that "there were no qualified American applicants for this position." (Even with certified mail the sender cannot prove what the content of that letter was.)

Because your standard in past recruitment has been to accept resumes via email, I allege that rejecting qualified resumes submitted via email to this ad would be bad faith recruitment. Certainly you are aware that while you conduct this sham upon unemployed American workers, you must at least maintain the appearance of good faith. (I am aware that DOL's position is that, even if PERM recruitment reveals qualified Americans that need the job, Congress and DOL allow the employer to continue employing the H-1b worker - the employer is still not required to offer the position to the American worker.) See highlighted sections at the bottom: www.programmersguild.org/RIR/PERM_After_Fragomen_Settlement.html

The key issue in a labor certification is whether the employer has found a U.S. worker who is qualified, able, willing, and available for the position. To make this evaluation, the employer must recruit and consider in good faith. In order to evaluate whether the employer acted in good faith, DOL will, through an audit and possibly subsequent supervised recruitment, scrutinize the manner in which employer reached its determination that there were no qualified, able, willing, and available U.S. workers.

Accordingly, can you please advise us whether you have accepted Stephanie's resume, submitted via email attachment on September 15th, for consideration? A redacted version is here: www.programmersguild.org/docs/stephanie_resume_civil_engineer.pdf

NOTE: Since Paul ignored this request, we snail-mailed a copy of Stephanie's resume to him on Sept 22nd.

http://www.jensenlaw.com/inner.aspx?id=14

(4) Must I interview applicants for the position?
If no resumes from qualified applicants are received, the employer need not contact any applicants. If the employer receives a resume from an applicant who appears to be qualified, the employer may contact that applicant by certified mail to seek more specific information respecting his or her qualifications. If it seems clear that an applicant meet the minimum requirements for the position, the employer must interview the applicant or discontinue the process.

The legislative intent is clear - the U.S. Secretary of Labor must certify, based upon a presumption of good faith recruitment by the employer, that no qualified Americans were available:

8 U.S.C. 1182(5)(A) Labor certification

Before a foreign worker can be admitted to the U.S. for permanent employment, the prospective employer must obtain a labor certification from the Secretary of Labor. The Secretary must certify that there are not sufficient U.S. workers who are able, willing, qualified and available, and that the employment of an immigrant foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

(20 CFR 656.10 and 656.22 - pertain to Schedule A exceptions. Programmers are not exempt )

However, with the help of AILA Immigration attorneys, the process becomes a sham:

ATTORNEY JOEL STEWART EXPLAINS HOW TO VIOLATE CONSTITUTION

Contact:
(305) 789-9266

The 14th Amendment assures "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Among those privileges is employment preference over nonimmigrant foreigners. In his article Legal Rejection of U.S. Workers, immigration attorney Joel Stewart explains how:

"Even in a depressed economy, employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply." - Joel Stewart - author "The PERM Book"

He insults U.S. tech workers by claiming, without reference, that many unemployed applicants "prefer to continue receiving unemployment insurance rather than begin working."

DOJ attorney Anthony Archeval confirmed that "it is legal to import foreigners to take the jobs of Americans." Anthony.F.Archeval@usdoj.gov

Given the job market and the number of unemployed recent graduates, this is an absurd finding for an entry level job such as yours.

I wonder how you and the present Omni-Means employees would have felt if the ad that you had responded to had been a sham? How would you feel if one of your family members was unemployed, and repeatedly encountered these sham ads? How can you in good conscious be doing this to your fellow neighbors and citizens? I see that you attended Cal Poly. My son is currently a junior in computer engineering at Cal Poly SLO - what job prospects does he have when HR managers such as yourself sponsor H-1b rather than hiring recent U.S. grads, and then flood local newspapers with your sham ads?

Congressman Lungren: I urge you to investigate how H-1b, PERM, L-1 and related visas and processes are harming the U.S. workers within your district. This is what "NO QUALIFIED AMERICANS ARE AVAILABLE" really means!

Sincerely,
Mr. Kim Berry
www.programmersguild.org

FAIR USE SCREENSHOT - SEPTEMBER 20, 2009 - AFTER ALTERATION


From: Kim Berry
Sent: Tuesday, September 15, 2009 8:18 PM
To: Staff of Congressman Lungren ('Kevin.Holsclaw 'Ashkan.Shahsavari' 'Chu, Oliver')
Cc: 'HRM@omnimeans.com'; 'pflint@omnimeans.com'; (and other employees of omnimeans)
Subject: Omni-Means ad for TRANSPORTATION ENGINEER in 9/13 SacBee is a SHAM

 

Dear Staff of Congressman Lungren,

http://lungren.house.gov/

 

You are aware that my daughter has been seeking a job all summer. Last Sunday’s Sacramento Bee only had one ad for a “Civil Engineer.” Unfortunately, based on substantial evidence, I believe that job ad is bogus: The advertised position is already filled with an H-1b worker, and this ad is running as “PERM Recruitment” to demonstrate that “no qualified Americans are available.” Omni-Means is running this ad with the intent of NOT finding any qualified applicants:

 

 

http://www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?lr=cbmc_sb&siteid=CB_MC_TJ&Job_DID=J3G4YJ71YRG4G40LM7Z

 

Description ENGINEER - TRANSPORTATION DESIGN Omni-Means, Ltd. seeks Transportation Design Engineer in Roseville CA: As directed by Project Manager, performs routine eng tasks (i.e. prep constr drawings, grading plans, street & hgwy plans in accord w/ prevailing gen. eng. principles & local stds; const cost est. & specs; hydrology & water sys analyses; assist on proposal prep; Ability to use AutoCAD LDD to prep trans. design. BS. in Civil Eng. or Transportation Eng. + 2 yrs relevant exp. incl tech report writing or Master in Civ.. or Trans Eng. EIT required.

 

Resume to Paul Flint, Omni-Means, Ltd., 943 Reserve Drive, Roseville CA 95678. EOE

SOURCE: 8/13/2009 Sacramento Bee

 

 

BASIS FOR MY ALLEGATION:

 

1. Omni-Means has sponsored H-1b workers in the past – see LCAs for FY 2007.

 

2. Omni-Means has sponsored H-1b for green cards in the past:  http://www.myvisajobs.com/Visa-Sponsor/Omni-means/399547.htm

 

3. The opening does not appear on their website (archive screenshot below):  http://www.omnimeans.com/job-position-detail.aspx

 

4. (Bonafide) jobs that appear on their website direct applicants to submit their resumes via email to HRM@omnimeans.com. There is no option to snail-mail applications. But the ad in the Bee does not provide an email option – applicants are directed to snail-mail their resumes.

 

Why would they do this? Because snail-mail leaves no trail that the resume was ever sent or received. Applicants have no means of proving that they actually applied.  (Why else would they do this?)

 

In this YouTube an immigration attorney explains the PERM Process – job ads are crafted and interviews are rigged to assure that all qualified American applicants can be legally disqualified: http://www.youtube.com/programmersguild

 

More information on PERM ads is here www.programmersguild.org/RIR/

 

 

OBJECTION

 

My daughter reports that the top architect and civil engineering firms in this region are laying off their experienced staff. Yet DOL, USCIS, and Congress will believe that Omni-Means was unable to find any Americans qualified to – quoting the job ad – “perform routine tasks” and “assist on proposal preparation”?

 

NOTE: I am the H-1b activist – my daughter merely wants to get started on her career. She has no stake in H-1b issues. Please do not hold my “free speech” against her.

 

Her resume, which clearly meets all qualifications for this job, is submitted. If you do not hire her - but instead proceed with the PERM filling by alleging that you could not find any qualified Americans - this email provides traceable evidence to Congress and the media of how employers are abusing the PERM regulations.

 

 

DISCLAIMER

 

If any of my allegations are false please “reply-all” stating the false allegation and I will promptly retract, including to the bcc’d recipients.

 

 

PLEA

 

Congress – Please reform this H-1b/PERM process to provide meaningful protection for U.S. tech workers. Stop condoning SHAM ads that cause desperate Americans to chase job ads and attend interviews for jobs that DO NOT EXIST!

 

13 years ago I risked my job at NEC by taking very long lunches to interview with OSI. After that I did not get an offer. Instead I got a questionnaire in the mail revealing that I had been “PUNK’d.

 

http://www.programmersguild.org/docs/kimberry_greencard_recruitment_survey.html

 

Today Omni-Means is trying to “PUNK’d” my daughter.

 

Sincerely,

Mr. Kim Berry

President www.programmersguild.org

Cell: 916-213-0492

 

 

FAIR USE SCREENSHOT - SEPTEMBER 15, 2009 - BEFORE ALTERATION
NOTE: The job ad was not posted on this page on this date