May 15, 2005

Sacramento Bee and DOL,

The DOL's mission is:

The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.

Can DOL please answer: How is flooding U.S. newspapers with fake job ads and then rubberstamping away high-quality U.S. jobs during a period of high unemployment in that sector possibly supporting this mission? The Programmers Guild has advocated to DOL (Racheal Wittman 202-693-2952) that DOL enhance its website to allow U.S. workers to search and apply for the positions represented by PERM applications. Instead, the DOL conceals these openings which rubberstamping all applications that meet technical criteria. (Ask me for references.)

In spite of the evidence I presented to you last week that the ads by Telecommand and xxxxxxx were fraudulent, you have run the same ads today. No one from Sacramento Bee or DOL contacted me in the past week. Both of you appear to condone defrauding American Citizens who are desperately seeking work. The intent of RIR ads is to "demonstrate that no qualified U.S. workers are available." The employers have no intention of hiring anyone - since the positions are already filled by foreign workers.

Today's Bee contains additional suspicious ads:

Rapidigm filed over 130 PERM applications in 2004, several under the RIR program. In all cases Rapidigm claims that there are no Americans who can fill these jobs, and DOL buys this. (Rapidigm PERM contact: Lisa Claypool) Rapidigm does not list any openings on their website, but does note that they have operations in India: http://www.rapidigm.com/content.jsp?focus=CAREERS&top=CAREERS Their local clients include HP, NEC, VSP, and EdFund: http://www.rapidigm.com/content.jsp?focus=SACRAMENTO&top=LOCATION&subcattop=SACRAMENTO (916) 984-2800. Rapidigm was a top-10 user of H-1B in 2000: http://www.usvisanews.com/articles/memo1073.shtml

In 2002 I raised Rapidigm's abuse of H-1B in a report to Congressman Doug Ose. I continued to follow up but no action or investigation was taken:  http://www2.familyinjustice.com:8080/h1b/H1B_ReportToCongress.html  (search for "RSagwitz@rapidigm.com" - Rob acknowledges that Rapidigm applies for LCAs for H-1Bs prior to any job opening existing - and DOL approves LCAs for jobs that do not even exist!!!)

Robert Half filed seven RIR PERM applications last year. It's reasonable that they are continuing this process. Although I doubt that this particular ad is fake, they have and will continue to run fake ads to obtain greencards under RIR. (PERM Contact: Linda Blandford-Beringsmith)

Details on why the xxxxx and Telecommand ads are fake are here

Why is it that public entities, in this case, City of Modesto, Nevada Supreme Court, and Stockton Unified School District, have no trouble receiving a flood of resumes from qualified Americans? Where are the legitimate ads from HP, Intel, EDS, and such:

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 which defrauds your readers.

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

Sincerely,

Mr. Kim Berry
President, The Programmers Guild
kim@programmersguild.org
916 213-0492