February 25, 2007

Dear Executive Editor and Reporters, Sacramento Bee,

Are any of you concerned or surprised that 50% of your computer help wanted are fraudulent ads that do not represent bona fide openings? Why does the Executive Editor knowingly allow this fraud upon readers to persist? (Note that Dorado Software did not “reply all” two weeks denying the allegations.”)

I explain below the reasons why it appears Hewlett-Packard is running illegal help wanted advertisements in your paper.

While CEOs an immigration attorneys are claiming that there is a desperate shortage of programmers and tech workers, the following are all of the "computer help wanted" that ran in the Sunday February 25, 2007 Sacramento Bee. Eight ads (possibly on four legit) for a 1.5 million metro area, and Congress believes that we have a desperate tech labor shortage?

First, the Global Energy ad in the lower right is suspect (I am cc'ing Global Energy and ask that they reply all if they dispute that the ad will be used for a PERM greencard application - and explain why the Bee ad does not list their other openings, and why that web ad alone gets routed to the HR email address):

I alerted you to in December to similar ads run by Hewlett-Packard. These have the same signs of being PERM ads:

Furthermore, it appears that HP is violating the law regarding PERM applications. The position for "Systems/Software Engineer V. requires "5 years of related experience" citing a laundry list of HP-specific tools: OpenView, HP-UX, and such things as experience "installing , configuring, and testing of OpenView Smart-Plugin Self-Healing Info Collector, Reporter, Performance Manager, and Performance Analyzer..." Are HP software tools so difficult to install and configure that it takes 5 years to become proficient?

Since the experience gained within the position would place otherwise qualified U.S. applicants at a disadvantage (e.g., it might take them a few weeks to learn to configure and install HP tools), PERM requires that:

The general rule is that if the job offered requires experience, this experience must be acquired elsewhere, i.e. not from the sponsoring employer. But there is an exception by which experience gained with the employer can still be used to fulfill the experience requirement...The current rule under PERM states that over 50% of the duties of the two positions must be different. For example, if a restaurant wishes to file a labor certification on behalf of a chef who gained his experience as a chef with the sponsoring employer, the employer may sponsor him for a position as “supervisory chef” provided that over 50% of the duties in the two positions (“chef” and “supervisory chef”) are different. 

Clearly more than 50% of the skills cited in this ad are skills that the H-1b acquired while working in the position.

Legal or not, it is shameful for HP to be falsely advertising for openings at its Roseville Facility after laying off thousands of highly skilled American workers at that site. It's also shameful that HP is requiring an MS degree when the majority of people at HP with that title do not have an MS degree.

These ads are reproduced for the purposes of criticism, comment, and education of the public, legislators,
and media, in accordance with Title17 U.S.C. Section 107.

Why are neither Hewlett-Packard nor Global Energy participating in CSUS Engineering Job Fair - but continuing to sponsor H-1b workers?

I am awaiting the Bee's position on running help wanted ads that do not represent bona-fide intents to hire, and will continue to alert you to the fraudulent ads that you are running in your publication.

Sincerely,

Mr. Kim Berry kim@programmersguild.org

See more info on fake job ads:

www.programmersguild.org/RIR/