Division of Foreign Labor Certification
Employment and Training Administration
200 Constitution Avenue, NW., Room C–4312
Washington, DC 20210
Telephone (202) 693–3010
SUBJECT: Questions to DOL regarding new PERM regulations

Dear DOL Division of Foreign Labor Certification,

The Programmers Guild has reviewed the PERM/RIR revisions published on December 27, 2004, and, as you have solicited questions on page one of the Regulations, we pose the following:
1) By running RIR help wanted ads that do not represent bona-fide job openings, that are drafted by attorneys for the sole purpose of excluding qualified U.S. workers, and that ignore the qualified applications of desperate U.S. workers not FRAUD upon Americans, committed by by U.S. corporations, in conspiracy with DOL officials and the media that profits from these ads?
The Guild believes that a high percentage of the "computer help wanted" in the Sacramento Bee are fraudulent RIR ads, and suspects that the situation is the same across the country. In spite of industry claims of tech worker shortages - the number of ads are below average for other occupations:
(Intel in Folsom, for example, was granted dozens of PERM applications in 2004 - even as they were laying off U.S. workers, not running ads, and not recruiting at local Universities.)
2) The "II Statutory Standard" on page one mandates that, before DHS and DOS may grant any of these visas, they must find that BOTH there are insufficient U.S. workers to fill the position AND these visas will not adversely affect wages and working conditions of similarly employed U.S workers. How do the subsequent procedures for granting these visas - based upon running a few classified ads - possibly assure the required "findings"? Given the high approval rate in this stagnant job market, how is your process any more than "rubber-stamping"?
"Our firm is yet to see an RIR labor certification which was rejected." - immigration attorney Carl Shusterman
3) Is it true that if a U.S. worker applies for an RIR position - but attempts to bargain for a higher salary or better benefits - the DOL deems that "no U.S. worker was available" and grants the RIR? If so, how is this not in conflict with the "Statutory Standard"?
4) The DOL now provides a webpage where employers can quickly submit their PERM applications. Assuming that the intent of this program is to place as many U.S. workers as possible, would the DOL consider enhancing their website to allow U.S. workers to search for recent PERM applications and submit their applications for these positions through the DOL website? The careers of tens of thousands of U.S. workers are at stake.
These regulations and procedures appear to be biased against U.S. workers. Perhaps this is because of the undue influence of AILA (American Immigration Lawyers Association) on these regulations. AILA is biased because they have a financial incentive to place foreign workers - and earn nothing when a U.S. worker is hired. The PERM workers are disproportionately being hired by foreign entities that compete directly with U.S. workers. This is flooding the labor market, in violation of the "Statutory Standard."
Please consider our proposal in question #4.
Mr. Kim Berry
President - www.programmersguild.org
916 213-0492
PERM Regulations
Advertisements (Requirements for fraudulent job ads)

The employer must place two advertisements on two different Sundays in the newspaper of general circulation in the area of intended employment. Both ads must be placed more than 30, but not more than 180 days before filing. The ads may be placed on consecutive Sundays... Placement of the ad under an inappropriate heading or keyword would be considered a failure to make good-faith efforts to recruit U.S. workers. The ad must list the name of the employer, the geographic area of employment (only if the job site is unclear, e.g., if applicants respond to a location other than the job site or if the employer has multiple job sites), and a description of the vacancy specific enough to apprise US workers of the job opportunity. The employer may include minimum education and experience requirements or specific job duties in the ad as long as those requirements also appear on Form 9089. The ad must direct applicants to send resumes or report to the employer, as appropriate. The employer’s physical address is not required... Documentation of the ad can be supplied by a copy of the newspaper page or proof of publication supplied by the newspaper. Form ETA 9089 requires the employer to list the name of the newspaper and date of publication for each ad...

ALIA PERM Summary - p.7