"If someone looks like they are very qualified, if necessary schedule an interview, go through the whole process to find a legal basis to disqualify them"

That's right. You GET the interview if you are qualified, so they can toss your resume legally, then hire non-citizen.

Unlike the H-1B, certification for a green card is supposed to require "proof" that no qualified Americans are available to fill the position. But employers and immigration attorneys make a mockery of this requirement. Under "Reduction in Recruitment" (RIR) an employer must only demonstrate an attempt to recruit. (20 CFR 656.21) This sham entrusts the employer to proxy for the DOL, and results in bogus job ads, meant to deceive U.S. applicants. The employer in fact has no intention to hire the American - because the position is already filled by an H-1B worker.

amazing.
great.
wonderful.
What this implies, indirectly, is that qualification is not that important.

I believe this is one of the reasons you get a bunch of ads with impossible requirements, too. Like "5 years senior Java experience required", when Sun had only released Java a couple years earlier.

It's just a way to bring back indentured servitude. Sigh.

...but getting the bean-counting, special-interest lobbyists, their guaranteed hand-greasing, to justify another, America-reaming agenda.....

It seems to me that these fake jobs ads and the unethical legal machinery at display is a side effect of the bizzare requirements set by the agency issuing green cards.

Lets say a company like Google using its rigorous selection process decides to hire a group of highly talented programmers. Invariably, a fraction of these programmers are not going to be American citizens and are going to demand basic residency (e.g. a green card) before they decide to setup shop in the U.S.
Now is it fair to the non-American programmer, to Google, or to any of us who consume Google products that an American programmer be hired instead if he/she sports the same bullet list of technical skills on their resume? The "no qualified American" requirement has a monochrome view of job candidates bining them based on qualification without addressing the competitiveness of candidates in the same bin. I don't think employers are looking to screw Americans out of a job in this case because, unlike outsourcing, they will be paying similar wages to the non-American workers (and dealing with the legal hassles).

Also, a large fraction of green card holders eventually become American citizens thus increasing the immigration of highly skilled workers into the country. What is needed is a set of green-card requirements that is more in tune with the market forces.

hmmmm...sounds good-that, combined with training morons here, to take up the slack that less outsourcing would create, would be a plan...instead of raising dolts from the dried-up ground called, the American workforce....Got so many IT pals sweating, cause they were not taught to learn and derive meaning form study, like some in other countries, that don't have a, "keep the masses asses agenda"..

One reason that companies do this is because they want to hire someone who is already working for them and has a visa that is expiring, or they have a relationship with someone with a different visa (say a graduating Masters student). Personally I think the rules are crazy. Our education Visas say that you can come get an education, but you need to leave the country when you are done. HUH? Wouldn't we rather have all the brightest people in the world come and live in the U.S.? The solution to this particular problem is to fix the system, not blame the symptom.

it is the same as gov't contractors writing a contract such that only one company can satisfy the bizarre contract requirements.

That is essentially what they are doing, except for the fact that valid US candidates apply and are disqualified by the hack lawyers and HR folks. They should go to jail for putting on this seminar.

I'm surprized that they had discussed so freely their plan for such deception. If this kind of proof didn't exist, then it would just be another "crazy" conspiracy theory.

There may be good reasons why they do this, but this video sure does make it seem like they are trying to find loopholes to avoid the spirit of any laws in place regarding hiring of foreigners. Anyone know where there is good unbiased information on this subject?

I would like to see this same video presented only by H1-B employees...

Don't wast your time rationalizing the man, he wants to keep you down. When you try to be logical with baloney you allways get schooled. There is no case. Please view my post in Queued videos section intitlled lou reed called it "the statue of bigotry". I would appreciate comment from any of the higher ups. Thank You

eric... read just about anything about the way businesses work.. you will find they consider it a sport, nay a DUTY to find every loophole possible and exploit it. Their shareholders demand this. If the loophole were closed, they couldn't run this conference. If the loophole is open, then what they are doing is legal.

The "spirit" of the law is only obeyed by nice humans, and corporations are not nice humans.

Ok, I think I am pissed off by this shit now. How much time do people waste on crappy pseudo jobs like this. And it doesn't help anyone, let the census handle what qualifications employees have.

@vermonter

Personally I think the rules are crazy. Our education Visas say that you can come get an education, but you need to leave the country when you are done. HUH? Wouldn't we rather have all the brightest people in the world come and live in the U.S.? The solution to this particular problem is to fix the system, not blame the symptom.

As a former programmer i knew this was going on for years (and still is) but to actually see how blatant the intent to commit fraud is is disgusting.

And Gates wrings his hands and wonders why more US students aren't pursuing Computer Science and IT degrees? Because the goddamn Corporations refuse to hire them when they can import UNSKILLED labor from Bangalore for 50% lower salary!

This has got to stop.

Dirt, this viddy made national news today, with yet another reference to youtube over the airwaves....fm radio is voting on it, like they do daily on some viddy, or poll, etc...good eye for broadcast there buddy.....they got a statement out of the lawyers, apologizing for some of the wording, but standing behind their ill....like any good lawyer, they are out to fist-fuck you wearing a nice wristwatch, with the most amicable wording as possible.....

You have to laugh at these jealous lawyers.

We IT workers eclipsed doctors, lawyers, politicians in the 1990's. They became jealous of us because we started getting more attention and money than they did.

In a pathetic attempt to regain their prestige the lawyers are now trying to kill the American IT workforce. What an ugly country.