CORPORATIONS WITH THE ASSISTANCE OF NOW VERY RICH IMMIGRATION ATTORNEY'S:
REMEMBER THEIR CHANTS OF, "JOBS AMERICANS WON'T DO!"
WELL, IT NOW HAS A WHOLE NEW MEANING.
LOW-BALLING AMERICANS OUT OF THEIR PROFESSIONS
Here's the best part: If qualified U.S. workers apply for a position, but then decline because the offer is too low or doesn't offer benefits, DOL deems that "no qualified Americans are available." See page 2 of the ABS ELECTRONIC Ruling - applicants #2 and #3 were qualified, but declined the job because it didn't offer any benefits. Hiring foreigners rather than increasing an offer or providing benefits to what the market will bear clearly "adversely affects the wages of similarly employed U.S. workers," in violation of 8 U.S.C. 1182.
Supply and Demand can fill virtually every job in the U.S.A. This rubber-stamp sham that thwarts market labor forces and undermines U.S. workers should be suspended immediately.
But it only gets worse. DOL intends to transfer the certification of aliens to work in the U.S. to a private contractor. (Rumor is that this private contractor has picked up 20,000 cases from SF to begin "processing." ) DOL is instituting a PERM process that will issue permanent labor certifications in as little as seven days. SEE: The Changing Face of Labor Certification
The largest user of RIR to convert H-1B to Green Card in this region is Intel. They claim that there are dozens of positions in Folsom that they cannot fill with Americans. Yet they have not run a help wanted in the Sacramento Bee for over a year, and have laid off U.S workers. They have not recruited at CSUS.
8 USC 1182 (5) (A) labor certificate
Before a foreign worker can be admitted to the U.S. for permanent employment, the prospective employer must obtain a labor certification from the Secretary of Labor. The Secretary must certify that there are not sufficient U.S. workers who are able, willing, qualified and available, and that the employment of an immigrant foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
(20 CFR 656.10 and 656.22 - pertain to Schedule A exceptions. Programmers are not exempt )