Rapidigm's Rapid Response

Date: Friday, October 04, 2002 11:53 AM

************ H-1B NEWSLETTER *************

* Get the Facts on H-1B at *
* www.ZaZona.com *

In my previous newsletter Kim Berry (name not mentioned previously) noticed
that Rapidigm lists plenty of LCAs for California but doesn't have any job
listings. He decided to email them and ask why. He CC'ed many members of the
media as well as Barbara Boxer and Zoe Lofgren. I was surprised by
Rapidigm's rapid response. Rob Sagwitz, Director of Corporate
Communications, replied very quickly, perhaps to blunt interest by the
reporters.

Rapidigm didn't help their case with this reply - they shot themselves in
the foot! Here are some of the real zingers:

1) Sagwitz said that "the numbers of LCA's filed does not in any way reflect
the numbers of job positions available." They just admitted to a practice we
call "BANKING LCAs". In this case Rapidigm files for more H-1Bs than they
know they can use. Having these approved visas is like having money in the
bank because they can use them as instant H-1Bs (just add water and out pops
an H-1B). Banking enables Rapidigm to have instant visas approved every time
a company asks for another H-1B body. This gives bodyshops like Rapidigm a
huge advantage over companies that have to file for a visa and wait for
approval. Banking is technically a violation of the law:

CFR DOLETA Sec. 655.720 no earlier than six months before
the beginning date of the period of intended employment
shown on the LCA.

2) Sagwitz also said, "We also do not have 90 positions available in
California." If they don't have any positions open then why did they file
the LCAs in California? ACWIA STAT. 2681-644 (4) says

"The term `area of employment' means the area within
normal commuting distance of the worksite or physical location
where the work of the H-1B nonimmigrant is or will be performed.
If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.

Rapidigm is claiming that they are sending these H-1Bs out of state and yet
these LCAs were filed for cities like Fresno, Los Angeles, Irvine etc.
Driving from these cities to other states is a distance of hundreds of miles
and cannot be considered a "normal commuting distance". Rapidigm can hide
their tracks by moving H-1Bs around the country but are probably violating
the law.

3) Sagwitz refers to the latest insulting article in the Wall Street Journal
to explain why they continue to file LCAs when American workers are
unemployed. This article is another one of those diatribes about how
companies can't find Americans with talent so "big technology companies and
consulting concerns are still searching for talent overseas". If all else
fails these companies resort to insulting American technical workers by
implying that foreigners have more talent and more skills. It almost read
like a joke when they say that there are 8.1 million American job seekers
and none of them have the talent that is required hold a job.

Sagwitz probably hopes that this article justifies that banking LCAs is OK.
The statement "Employers must file an LCA before they can receive an H-1B.
But they also file dozens of ultimately unfulfilled LCAs, or file them even
when the worker moves to another city" is sort of like saying that murder is
OK because everybody else is doing it.

> Dear Rapidigm,
> (cc media)

> I've searched the Careers section of your website and found that
> you have NO
> JOB OPENINGS in California:

> http://www.rapidigm.com/content.jsp?focus=CAREERS&top=CAREERS

> Therefore can you please explain why you are submitting 90 H-1b
> applications
> (LCA) for programmers in California? The LCA applications don't
> provide any
> skill-set details, so how are Americans to know whether they are qualified
> for these jobs?

> 1) Would you consider hiring Americans for these 90 positions?
> 2) Where have you advertised these California openings?
> 3) Are the Folsom positions with Intel? If so, has Intel advertised them?
> 4) Can you please provide skill, employer, and other details for these
> openings?
> 4) Are you aware there are 500,000 unemployed IT workers in the U.S.?

> On its face it appears you are not giving equal consideration to U.S.
> workers, in violation of federal law.

> Sincerely,
> Mr. Kim Berry - programmer/analyst
> Sacramento, CA
> kimberry007@hotmail.com

> 5 H-1b for Folsom California:
> http://webboard.rapidigm.com:8080/read?4126,14

> 20 H-1b for Freemont California:
> http://webboard.rapidigm.com:8080/read?4127,14

> 20 H-1b for Fresno, California:
> http://webboard.rapidigm.com:8080/read?4128,14

> 10 H-1b in Los Angeles, California:
> http://webboard.rapidigm.com:8080/read?4134,14

> 10 H-1b in Irvine, California
> http://webboard.rapidigm.com:8080/read?4135,14

> 5 H-1b in Bakersfield, California
> http://webboard.rapidigm.com:8080/read?4101,14

> 10 H-1b in La Brea, California
> http://webboard.rapidigm.com:8080/read?4107,14

> 10 H-1b in Carlsbad, California
> http://webboard.rapidigm.com:8080/read?4113,14

----- Original Message -----
Date: Thursday, October 03, 2002 3:43 PM

Hi Kim,

In response to you e-mail message of earlier today, Rapidigm's preference is
to hire U.S. Workers. We also do not have 90 positions available in
California. Computer consulting companies, such as Rapidigm, generally
file LCA's in numerous cities because their employees are often transferred
to client locations around the country. Many of these LCA's go unused.
Therefore, the numbers of LCA's filed does not in any way reflect the
numbers of job positions available.

Interestingly enough, some of the issues that you raised were discussed in
yesterday's Wall Street Journal in an article on page B-4. If you get a
chance, you may want to read the article.

In any case, Rapidigm is always looking for talented applicants and would
welcome and encourage resumes to be sent to Careers@Rapidigm.com.

Regards,

Rob Sagwitz
Director of Corporate Communications
Rapidigm Inc.
412.494.9800

WORK WEEK
By CARLOS TEJADA
Foreign Workers Continue
To Join the U.S. Work Force

WELCOME MAT: Though off from highs, foreign workers still trickle in.

Rajiv Khanna, an Arlington, Va., immigration attorney, saw demand for
temporary workers from overseas soar in the 1990s. Now, with the labor
market weakened, he estimates his workload has fallen 75%.

But "there's still demand out there for the right kind of people," Mr.
Khanna says. Medical personnel, programmers and civil and mechanical
engineers are still popular, he says.

Despite a slack labor market, filings suggest that Microsoft Corp., Oracle
Corp., International Business Machines Corp., KPMG LLP and dozens of other
big technology and consulting concerns are still searching for talent
overseas and are sponsoring workers on temporary H-1B visas. Universities
and medical centers also top the list. Most companies won't confirm an
actual number sponsored.

Of course, the vast majority of the nation's 8.1 million job seekers don't
have the skills for most of those positions. But the hard times have
emboldened longtime critics. "The number of H-1Bs being brought in is very
high," says LeEarl Bryant, president of the U.S. chapter of the Institute of
Electrical and Electronic Engineers. Ms. Bryant says overseas workers are
taking jobs that can be filled by her members. The H-1B status allows
foreign professionals to work here for up to six years.

The Immigration and Naturalization Service hasn't disclosed the identities
of the most active H-1B filers, saying it isn't required to under the law.
But the Labor Department's data on labor condition applications, or LCAs,
provide a clue.

Employers must file an LCA before they can receive an H-1B. But they also
file dozens of ultimately unfulfilled LCAs, or file them even when the
worker moves to another city. For example, consulting firm Aquent LLC filed
about 350 applications in the fiscal year ended Monday . The firm says it
sponsored two overseas workers, while hiring an additional 15 who were
already in the U.S. "There are way too many Americans without jobs," says
Ross Fernandes, an Aquent area manager, adding they "would be our
preference."

Microsoft, Oracle and IBM top the list of LCA filers, but they won't say how
many workers are involved or what they believe are the skills lacking in the
U.S. Baylor College of Medicine in Houston says it sponsors 150 H-1B holders
among faculty, scientists in training and research technicians. "We have to
literally scour the globe for some of these people," says Michele Stelljes,
senior immigration adviser.

Meanwhile, Mr. Khanna, the attorney, says H-1B activity hit bottom this year
and won't anytime soon reach its 1990s peak. "My mother said I should go to
medical school," he laments.

E-mail questions or comments about Work Week to Carlos.Tejada@wsj.com. To
see past Work Week columns, go to CareerJournal.com.

Updated October 2, 2002

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