Video of lawyer training employers how to avoid hiring American workers

[flexnor]

key quotes from this 4 minute youtube


"Our goal is clearly not to find a qualified U.S. worker ... our objective is to get this person a green card," Lebowitz tells his audience.

And how does an employer go about doing that in light of the legal obligation to first search for a qualified American? It's all about where you search, he says.

"Clearly we are not going to find a place where the applicants are most numerous, we're going to find a place where - again we're complying with the law - and hoping and likely not to find qualified worker applicants," Lebowitz says.

And if despite looking in all the wrong places a gem of an American candidate pops up anyway?

"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,"

&feature=player_embedded

[flexnor]

1. every time you hear 'shortage of qualified workers', they're counting his scam

at face value, and the ads he (and every other employer engaged in this totally widespread scam) places as 'real opportunites for Americans', when clearly, they are NOT

[flexnor]

2. Obama supports increase in green cards and removal of labor test for foreign grads

from 2/2/2012 release

www.whitehouse.gov/blog/2012/02/02/conversation-we-people-about-immigration-policy

"That’s why the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S. – including "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields – "

('stapling' implies replacing the labor market test with a stapler)

Among these was a question regarding the possibility of extending employment authorization to certain spouses of H-1B visa holders who are awaiting the adjudication of green card applications. We were especially pleased to inform the callers that the Department of Homeland Security had announced just the day before—as part of the One Year Anniversary of the White House Startup Initiative — that they will be addressing this very issue through regulatory reforms.

(the spouse rule would be a massive number of workers into the labor market, hundreds of thousands)

[flexnor]

6. why is he increasing the labor pool, before addressing the extreme abuses?!?!?

think how much the stimulus costs per job, yet we're still giveing away the jobs we already have

[MannyGoldstein]

15. Same reason Obama pushed through three "free" trade agreements in November

Three "free" trade agreements that were introduced by Bush, and are projected to result in hundreds of thousands of lost jobs.

[flexnor]

16. yup, in exchange for south korea letting us defend them for free, we

give them all of our jobs

even donald trump call that out for how STUPID and unfair that is

[MannyGoldstein]

17. You're being one-sided here

Those "free" trade deals will make billions for Wall Street. More cash for bankers will cause demand to increase for yachts, caviar, and domestic help, thus trickling down to Main Street.

[flexnor]

18. great 1992 Ross Perot ad on trickle down

telling how the middle class got nothing but wet from it

http://www.livingroomcandidate.org/commercials/1992/trickle-down

[MannyGoldstein]

19. That's a pretty good ad

Thanks nt

[SwampG8r]

26. yup

italian made yachts.russian caviar and latin american domestic help

[Hassin Bin Sober]

36. Don't forget spats and diamond encrusted walking canes.

[NNN0LHI]

3. Why aren't companies training employees for these positions?

That is the way it used to work.

Don

[flexnor]

5. because citizens cant be indentured for 6 years

so that's why they blatently and openly discriminate against them

that's the long and short of this scam

bringing back indentured servitude

[MACARD]

44. Exactly Illegals are cheap

Illegals don't have to be paid at the same rate as Americans, and the illegals can't complain or the company will give them to the INS officials they bribed. If Obama gives the illegals a green card the companies have to treat them like Americans, pay them the same amount and cant threaten with deportation which removes the whole value of the worker to the company. its not that they don't want to employ Americans its that they don't want to employ Legals, who have standards.

Seriously INS has to be one of if not the most corrupted government agency.

[flexnor]

45. illegal labor is subsidized labor to the employer

there is a view that getting your labor for the price you want to pay, is an inalienable right

but economics suggests otherwise. if you cant run your jack-in-the-box for a living wage, or find enough high school kids who live with their parents, then maybe that freeway exit doesnt need another fast food joint, because all told, it is actually destroying wealth, not creating it

[riderinthestorm]

13. I'd also guess they don't want to keep them so long they owe them retirement bennies. nt

[hobbit709]

4. It's all about the money.

Last edited Thu Feb 23, 2012, 09:16 AM - Edit history (1)

It's ALWAYS all about the money.

My job skill used to be in high demand with high pay. After about 2002 the best offer I got was for less than half of what I was earning in 2001. I told them after their offer that I wasn't going to work for $8/hr in a job that used to pay $16+. and if they hired someone at that wage they were getting what the were paying for. About a year later that place went under.

[Brickbat]

7. "Shortage of skilled workers" really means "shortage of skilled workers who will put up with the

crap wage we offer," no matter what the industry is. K&R for exposing the face of the monster.

[flexnor]

8. shortage of slaves, that's what you are from hour 41 to 80

in a sweatshop on salary with unpaid overtime, that's why they need employees who CANT QUIT without risk of DEPORTATION!!!

whenever my democratic senator pats himself on the back for the party giving us the '40 hour work week', I want to scream - the only thing that stops at 40 hours is the PAY, and the 40 hour salary actually makes emplyers DELIBERATELY scedule heavy overtime, which they wouldnt do with just straight hourly pay, with no overtime pay bonus

[snagglepuss]

9. I hope this goes viral. Those people's faces should be plastered everywhere.

Self-serving , unethical scum.

[flexnor]

10. it's done a lot of good, but not enough

400,000 hits on youtube, and it's been used as evidence agains tthe endless lies

but a cute puppy licking it's butt will get 10 times as many hits on youtube

[otohara]

27. It's From 2007

it's been around a while.

[antigop]

30. Someone else's face should be plastered everywhere

How is this different? She's favoring foreign workers over American workers.

[flexnor]

51. sitting alone, in the dark

how appropriate

[Blue_Tires]

31. I'm pretty sure it's been posted here or on Kos before

[flexnor]

11. THIS is why tech workers are so angy

it's known as 'high tech Jim Crow' in the industry

can anyone really say that's an overstatement?

[flexnor]

12. the raw source footage was floating around before the video was made

and my immediate reaction was to be very depressed

i already knew they did it, had a guy from india tell me about it years before, his firm had done it for him (dont know why he told me, but he did)

but i was depressed that they actually filmed it, that i was part of such an unprotected class that they could wipe their boot on my face in public, and expect that nobody would say anything

then, someone made this video.....and i'm making damn sure as many people see it as possible

[flexnor]

14. People spend hours, even days preparing for an important interview

Last edited Thu Feb 23, 2012, 11:56 AM - Edit history (1)

filling out loooooong applications, answering every question about your whole life

troubling people for references (which IT firms then use for marketing, had that done to me at least TWICE, confidential information gained under false pretenses, which 'wears out' your important contacts)

getting your clothes to the cleaners

finding the place, (gas, maybe a hotel, this stuff isnt always reimbursed)

researching the position, perhaps trimming your resume to best fit it

arranging the time for the interview

if the 'job' is in another area, putting yourself/and/or your family through the wear and tear of considering moving to a new town, and the reality of what it would mean for all of you, when in fact, it's a totally irrelevant question and an unnecessary exercise

putting your confidence on the line (this may be the most important for some applicants, going through a rejection for nothing, when they were never even up to bat in the first place, that's the cruelest part of this). And it gives false feedback - a person may have interviewed PERFECTLY, they may have done their dead on best job, but didnt get hired (because they had no chance). So they may make a change to their approach in the next interview, that is a step away from their best). It may be critical to know that there was nothing wrong with thier performance, so they dont harmfully modify it, but they will never be told that. think how many good people became 'discouraged workers' giving up on a job search in their field after one of these fake interviews, who might have gone on to an interview where they actually got a job if that hadnt been stepped on one too many times? What does that cost someone? (and while some might say that's their own fault for giving up too easily, it's totally immoral to contribute to it with self serving lies)

.......for nothing...for ONE BIG FAT LIE...think you could get that much time and effort in all the above from that lawyer, for less than a thousand bucks? or five thousand? All told, this can be several hundred bucks of actual expense to the applicant, job hunting is expen$ive

who can I do that to, and get away with it? can you imagine how ticked off that guy at the podium, or anyone on that panel would be, if someone did that to THEM?!?!? and he's not talking about doing this to one person, or five, or twenty, he's teaching a whole audience of HR people how to do this in assemblyline manner.

or how about any of our 'reps' who let this go on? think you could put THEM through this?

[flexnor]

23. false advertising, bait and switch, theft which supposedly, are illegal

to sum up the above post,

false advertising - it could not be more plain, after viewing that vid, that he is publishing an offer, which he has no intention of honoring, and is completely deceptive in it's purpose

bait and switch - he is bringing in an applicant for one thing (a potential job offer to the applicant), then 'switching' them to another, namely helping him with a green card application, and building a marketing database with the applicant's references

theft -

references, which interviewers use for marketing, are propriatary information, that can have considerable value, and are degraded for the applicant if given out too freely (the reference gets annoyed, and may suspect that the applicant is 'trading away' contact info, rather than being required to give it up for interviews)

time, no applicant would give up hours of their time unpaid, to help an employer falsify a labor certification to get a foreign worker a green card

the resources of time and references are STOLEN under false pretenses of false advertising, bait and switch, and theft

[MannyGoldstein]

20. Why wasn't this posted to the videos forum?

It might get more views there. Certainly deserves lots of views.

[divide_and_rule]

21. the rich, vibrant diversity of this New World Workplace is doing wonders for america

and investor bank balances are rich and vibrant, too....

[PufPuf23]

22. Simply disgusting (and insane) nt

[flexnor]

24. there's nothing insane about it

slimey people screwing innocent people with lies for money, correctly calculating that corrupt politicians will let them get away with it

that's a lot of things, but not insane

[AnotherMcIntosh]

25. He is just one of many.

For over 40 years since the time of Nixon, attorneys have been training employers how to offshore jobs and hide assets from offshoring.

Treason.

But there will be those who defend such actions, sometimes even on this board, as being "legal."

[OhioChick]

28. You should post this in the video forum

K&R

[flexnor]

48. done nt

[Dont call me Shirley]

29. Losthiswitz says "Yes, I am a prostitute for the slave driver monopolies".

[McCamy Taylor]

32. K&R

Do you have IDs and Facebook Pages for the people giving the seminar? Do we know what companies attended.

[midnight]

33. Does L.Lebowitz belong to ALEC?

All these panel members and Big Larry are working against citizens of this country in order to profit via the green card industry? It's a dirty back door method to default 100,000 Americans out of work...

[sabrina 1]

34. So he's deliberately breaking the law. Has he been arrested yet?

Disgusting, treasonous, bastards. They really do hate America, don't they?

[Zalatix]

35. Once again the pro-Globalism crowd is silent on this issue.

How do we get this video seen by more people? This is enough to light off a fucking revolution.

[flexnor]

37. link it to news stories and discussion boards, everywhere

you can search google news for things like h-1b or green card every day, and link that youtube with your own comments

that youtube is great, it cuts through the LIES and propaganda

[Zalatix]

46. Doing my very best. Much as I hate Twitter I may need to sign up to get this spread around.

[flexnor]

38. Senator Grassley and Congressman Lamar Smith wrote them a letter

and to the labor department

To Whom It May Concern:

As members of the Senate and House Judiciary Committees, we have a responsibility to oversee and evaluate our country’s visa programs. We have become increasingly concerned about fraud and abuse of the H-1B program, and the impact of this program on American workers.

While many companies insist that they are not participating in fraud, many are finding loopholes around government rules and regulations in order to bring in cheaper foreign workers. These loopholes lead to abuse that ultimately displace qualified Americans. The abuse is evident thanks to a video produced by your firm during the Seventh Annual Immigration Law Update Seminar conducted in May 2007 in Pittsburgh.

In the video, Lawrence Lebowitz, director of marketing for your firm clearly states that an employer’s goal is “to meet the requirementsâ€Â|as inexpensively as possible, keeping in mind our goal. And our goal is clearly not to find a qualified and interested U.S. worker. In a sense that sounds funny, but it’s what we’re trying to do here.” In fact, Mr. Lebowitz states that other members of his team will help employers bypass Americans. The video provides evidence of how your firm recommends employers accomplish this.

The spirit of the H-1B visa program was intended to bring temporary workers to our country to fill a void in the high tech sector, and to enhance the United States’ position in the global marketplace. The video made by your firm advises potential employers that they can fulfill Department of Labor PERM certification requirements by advertising the position in places where they will not find the most qualified applicants. Your firm asserts that an employer can advertise in regional publications with limited circulation, while internally listing the job for a foreign worker. We would like you to please explain how this practice does not constitute outright discrimination based on nationality and why your firm so blatantly promotes this type of behavior. (emphasis added by me)

When applications are received, firm members Jennifer Pack and Jennifer Barton tell employers how they can disqualify U.S. applicants based on their resume or by personal interview when the resume lists all requirements of the job posting. Very qualified applicants are brought in for an interview for the sole purpose of finding a basis to disqualify them. Why does your firm undermine the recruitment effort by coaching potential employers to “find a legal basis to disqualify Americans” to hire a foreign worker?

In addition to explaining the video, we respectfully request that your firm provide us with the number of H-1B visa holders who have been petitioned for or hired by your firm in the past five years. We would also appreciate knowing exactly how many and the names of your clients who have been assisted by your firm to bring in H-1B workers.

The H-1B positions are available in limited quantity each year and the PERM certification process was created to fill positions where no qualified U.S. worker is available. Your firm’s video advises employers how to hire only foreign labor, while making it nearly impossible for a qualified American worker to get the job. We look forward to hearing from you on how such advice is ethical and does not undermine the programs by enticing fraud and misuse.


Sincerely,

Charles E. Grassley Lamar Smith

United States Senator United States Representative

http://www.grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=11770

[flexnor]

39. letter to labor secretary

Dear Secretary Chao:

Attached, please find a letter that we sent to Cohen & Grigsby about a seminar conducted by their law firm in May of this year. The firm videotaped the Seventh Annual Immigration Law Update Seminar, exposing the blatant disregard for American workers and deliberate attempt to bring in cheaper foreign workers through the H-1B program.

As outlined in our letter, we are concerned that companies are abusing the H-1B program. The video explicitly shows how attorneys are aiding companies in this effort. We seek your assistance in this particular case by reviewing the video and investigating the law firm’s unethical procedures and advice to clients.

In addition, we are concerned about the level of fraud monitoring of the H-1B visa program by your Department. Given that the immigration bill before the Senate includes a provision to allow your Department to divert special fraud monitoring funds to other operations, we would like to know how many dollars have been used specifically for H-1B fraud efforts. Specifically, we would like to know:

$ Annually, what is the total amount of funds deposited into the Fraud Fee account under INA Section 286(v)? Of this amount, what amount is provided to the Department of Homeland Security under 286(v)(2)(C)?

$ How have the funds provided pursuant to 286(v)(2)(C) been used in FY2005, FY2006, and thus far in FY2007? How many funds are not expended in a given year?

$ How does the Department plan to spend the remaining dollars left in FY2007?

$ How many complaints have been lodged to the Department of Labor regarding the H-1B visa program? Of these, how many investigations have been opened by the Department in the last year? How many have been closed and why have they been closed?

Please contact XXXXXXX with Senator Grassley=s staff or XXXXXXX with Congressman Smith if you have any questions regarding this matter. Thank you in advance for your cooperation.



Sincerely,





Charles E. Grassley Lamar Smith

United States Senator U.S. House of

[flexnor]

41. Obama's proposal for green card labor market tests

for students, just replace the labor market process with a stapler, and staple the green card to the diploma

"That’s why the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S. – including "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields " (i guess his reaction to the video was 'gosh, that looks kind of inconvinient for the employers, a stapler would be so much easier')

and if someone if applying for a green card, hey, give their spouse a job too!

" During the Q&A session, callers raised many concerns regarding F-1 and other visas targeted for highly skilled immigrants. Among these was a question regarding the possibility of extending employment authorization to certain spouses of H-1B visa holders who are awaiting the adjudication of green card applications. We were especially pleased to inform the callers that the Department of Homeland Security had announced just the day before—as part of the One Year Anniversary of the White House Startup Initiative — that they will be addressing this very issue through regulatory reforms. "

do you see ANY concern for displaced citizens here? like the people on the receiving end of that video?!?!?




think i'm kidding? see for yourself

http://www.whitehouse.gov/blog/2012/02/02/conversation-we-people-about-immigration-policy

although he did address the concerns of Americans in that google chat saying basically 'you shouldnt be having any problems'

[GTurck]

40. They have....

no shame. If this isn't anti-American I don't know what is. And yet we are expected to give them tax money when they ask for it. SHAME!

[grahamhgreen]

42. Shame! "again we're complying with the law - and hoping and likely not to find qualified workers"

[Lost-in-FL]

43. This is a disgrace. nt

[riderinthestorm]

47. Just despicable. Going to post on Facebook now.... K&R nt

[woundedkarma]

49. where h1b fees go...

The quotes from the video are disturbing, but here's my real life experience:

I'm in Michigan, going to school at Lansing Community College with my eye towards transferring to MSU or EMU to get a degree in Computer Science. There's a couple LCC facebook pages and one mentions an informational meeting for E-pathways run by Capital Area Works! (their exclamation not mine)

The program is paid for with a gr1ant that gets its money from the fees companies pay when they hire an H1B worker. The idea is to replace those workers with Americans by training the Americans.

There are three parts to the program at the moment, each part has room for 25 people in the first section and they hope to serve 350 people over the next 4 years.

One part is for people to get Computer Science associates and is intended for people to transfer to 4year colleges. One part is a programmer analyst associates intended to help people get jobs as soon as theyre done. The last part is a software tester's certificate, intended to lead into a programmer analyst associates and also help people get jobs sooner.

There are also vague promises of paying for the 3rd and 4th years of a computer science bachelor's, but I'm not sure that will happen.

I'm trying to get into the CS program because the first group starts in two weeks and the 12 credits I'll get will cut down my time at LCC by a semester.

Did I mention the degrees for people in the program are all paid for? That's really nice. They are also working with local businesses in the hopes of getting some of these people jobs and internships.

So, while I'm not sure continuing a corrupt H1B program is the right thing to do, it is nice to see that in some places the money from the program is being used to train American workers.

[flexnor]

50. what you described is a form of 'soylent green' - it's PEOPLE!

those programs come from the hundreds of thousands of people who already had degrees and years of experience, and had to train their h-1b replacement

people who needed NO training to go to a tech job the next morening, all they needed was to not be discriminated against because therey were an American citizen, they kind of people who apply for the ads in the video

again, review this vid if you havent seen it

&feature=player_embedded

[flexnor]

52. Youtube of Hillary Clinton, 2 months later

Indian Institute of Technology (IIT) 2007 Global Alumni Conference -- Santa Clara, California, July 6, 2007. Hillary Clinton reassured the Indian lobbyists and American corporations that she supports an expanded H-1B visa program

[antigop]

54. Thanks, flexnor. People need to know. n/t

[TheKentuckian]

53. Bump it