Dear Editors, Sacramento Bee,
Two of the three Computer/Engineering ads in today's Sacramento Bee appear to be the same PERM sham ads that I have been alerting you to for the past four years: www.programmersguild.org/RIR/.
Note: These are NOT ads "being run because the employer desires to 'hire' a foreign worker." These jobs are already filled by foreign workers - they are not "job openings" - they do not exist.
It is analogous to if I ran a Bee ad "FOR SALE 1965 Mustang, $4000 OBO" but I did not even own a Mustang - I was merely running the ad as a "market test" to see what the demand would be.
QUESTION: Would the Bee condone me running ads for nonexistent autos merely to conduct "market tests"? Related question - would the Bee condone me running help wanted ads for job openings that were already filled?
I have cc'd employer "Ventyx" who placed one of these ads and invite them to "reply all" if my allegations are false. I will promptly print any corrections. (I have given up trying to find a way to communicate with the PERM processing division of Hewlett-Packard. I have been objecting to these ads for years.)
The advertised positions do not exist - they are already filled by foreign workers - typically on H-1b visas. Employers only run these ads to file copies of them with the Department of Labor (DOL) as evidence of “good faith” recruitment attempt (labor market test) to obtain a green card for the foreign worker who already holds that job – “good faith” as defined by immigration attorneys: www.youtube.com/programmersguild/.
According to DOL, even if qualified Americans apply, the employer can continue employing the H-1b foreign worker rather than hiring a qualified American. (Reference: See highlighted section at the bottom: www.programmersguild.org/RIR/PERM_After_Fragomen_Settlement.html)
You are knowingly defrauding your readers that purchase the Sunday Bee hoping to find employment.
There is only one "Computer Programmer" position advertised in today's Bee. It is a sham PERM ads. There are ZERO bona fide help-wanted for computer programmers in today's Bee.
Please see the "Hewlett-Packard" ads that the Bee has previously run at www.programmersguild.org/RIR/. This has the same characteristics: A requirement that applications be snail-mailed in - even though HP has an advanced web-based job application system.
Among the requirements are "5 years experience in the job offered." This is a strong indication that the job is already filled.
DOL PERM and LCA records for Hewlett-Packard are in this Excel Spreadsheet.
NOTE: This data is obtained from DOL records:
COMMENT: It is especially outrageous that HP is claiming that they "cannot find any qualified U.S. workers" for jobs in Roseville, when they have laid off literally thousands of Americans from the Roseville facility alone. I am a former HP worker who tried for years to get a job there again.
There are only two "Engineering" help wanted.
The Ventyx ad for "three openings" is a sham - these positions are not "opened - they are already filled by H-1b workers. This ad is being run to sponsor these H-1b workers for green cards. The employer will submit a copy of this ad as evidence of "good faith recruitment" to demonstrate that no Americans are available.
DOL PERM and LCA records for Ventyx are in this Excel Spreadsheet.
|SOFTWARE QA ENGINEER|
NOTE: By next year it will be a matter of public record whether Ventyx submitted PERM filings based upon this ad.
This ad might also be a PERM sham. Please see the analysis in the October 4th letter.