February 13, 2005

Sacramento Bee and DOL,

At least one ad in today's Sacramento Bee appears to be a fake RIR ad. It is run by major employer DST Output, for the primary purpose of submitting to DOL to demonstrate that they were unable to find any qualified Americans for these positions.

1) While the first two job titles are different, the descriptions and skills required are virtually identical: BS, 2 years exp (in what?) and UNIX, C++, PERL and formatting tools. Then the "Software Developer" position indicates that the jobs is only to prepare specifications.

2) While the DST Output website lists several openings, none correspond to the "openings" represented by this ad - for example, none of the ads specify "2+ years experience, and none mention PERL:


3) Both the web and the Bee ad cite one opening for "Software Development Project Leader." The Bee ad states only "2+ years experience," while the online ad for the same job title requires "4 to 8 years related experience in project management" - in other words, U.S. candidates are held to a higher standard for the same job title than H-1B candidates (Job PAS-4119):


Why doesn't DST advertise their actual openings in the Bee?

4) Two years ago, in February 2003, DST Output applied for 5 H-1b workers, at salaries of $46k per year:


I have cc'd DST HR and Media, in the event they want to refute my claims, and allow me to speak with the hiring manager for these positions.


These RIR ads are fraud upon U.S. workers who respond in good faith to these ads, while the employer and attorneys involved know that RIRs are nearly always granted.

Since the Bee has an editorial position in support of continuing to flooding the job market with H-1B workers, I am waiting to hear your position on the fake ads that you are running - profiting in a scheme to defraud your readers.

Archive of these emails is here: www.programmersguild.org/RIR/


Mr. Kim Berry
President, The Programmers Guild
916 213-0492