Job Ads for H-1B and TN Visa Holders

Job Ads for H-1B and TN Visa Holders - ONLY!

Date: Sunday, June 12, 2005 4:54 PM

JOB DESTRUCTION NEWSLETTER

by Rob Sanchez
June 12, 2005 No. 1275

Two job ads have appeared on Dice.com for H-1B and TN visa holders. In
both cases the bodyshops are looking for foreigners with specific
skills but not specific employers to work for. If their intention is to
bench these foreign workers in the U.S. until a job can be found they
are violating the benching provisions in the H-1B law. Of course the
benching laws are rarely ever enforced or investigated so it's doubtful
these companies will face legal problems.

The first job ad says that in addition to H-1B visas they will process
foreign workers for H-1B1 visas. H-1B1 visas were created for the
Singapore/Chile Free Trade Agreement so apparently they are hiring
programmers from Singapore or Chile also.

One of the dangers inherent in this particular FTA is that Singapore
could become a conduit for more Indians. Perhaps this company has
learned that they can funnel Indians through Singapore by using H-1B1
visas. To find out how this scheme works, and to learn about the TN
visa, read this article:

http://www.thesocialcontract.com/cgi-bin/showarticle.pl?articleID=1201&terms=
Embedded Visas -- 'Free Trade' Means a Flow of Workers Across Borders
by Rob Sanchez

The recruiting company is technically violating the H-1B regulation
that requires all visa fees be paid by the employer, not the employee.
Again, it's doubtful the company will face legal problems since this
requirement is almost never investigated and enforcement is so rare
that companies now feel they can advertise their desire to break the
law without fear of prosecution. Indentured servitude of this type
should not be tolerated in the U.S. but as we all know the DOL and DOJ
choose to look the other way even when companies publicize their
misdeeds:

All h1b1 processing fees will be borne Initially by the
candidate which amounts to $5,000 which will be refunded
in full after you have worked with us for 3yrs.

The company's website is still in a beta stage so they must be a new
bodyshop. They claim that they have outsourcing capability in India as
well as insourced resources in the U.S. If you like electronique Indian
dance music you will enjoy their website at:
http://www.findskills.com/beta4/index.htm

The second job ad is from a company called Xcelcorp that specifies that
they want programmers with TN visas. The Trade NAFTA (TN) visa is now
unlimited from Canada and Mexico. Considering the recruiter's name,
Alfonso Hinojosa, my bet is that they will only hire programmers from
Mexico. The job ad also said they would consider H-1B and Green Card
holders but never once mentions that U.S. citizens could also apply.
Their website is at:

http://www.xcelcorp.com/

Newsletters with H-1B only job ads tend to raise questions especially
from the newer subscribers about what can be done to stop these
companies from discriminating against American workers. Unfortunately
not much can be done to deter them because "national origin" is not
considered a protected class like gender, race, age, etc. In several
cases foreign workers were able to win lawsuits based on national
origin with the help of DOL lawyers but so far no U.S. citizen has ever
succeeded and the DOL has consistently refused to help them with the
legal costs.

Complaints can be filed to the government to force them to change the
ads, and that's a worthwhile endeavor even though it's more symbolic
that substantive. Companies won't stop this type of behavior just
because they have to reword the job ads but some people feel that to
allow these ads is to give approval to them.

Go the archive and read these newsletters to find out more:

"2003 05-19 Compunnel Job Ad for H-1Bs only"
"2003 05-18 BofA Job in Phoenix - Part 2"

You can find many more newsletters about these racist job ads just by
searching the archive page for "job ad".

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://seeker.dice.com/jobsearch/servlet/JobSearch?op=101&dockey=xml/4/8/481ad073d25a1632e7be0c0ee4c53a3c@activejobs0&c=271&source=1

Findskills, INC.

Title: Software engineers required for USA: processing h1b1 visas now.

Skills: Hiring Software Engineers candidates around the world can
apply : processing h1b visas: read the requirements

Date: 6-10-2005
Location: Monmouth junction, NJ
Area code: 732

Tax term: FULLTIME
Pay rate: DOE
Length: permanent

Position ID: 104
Dice ID: 10116866

Job description:
Software engineers required for USA : Executive visiting Mumbai for
personal Interviews.
Free accomodation till you start working on a project and GreenCards
filed for Deserving candidates.

Job description:
We are a software consulting company based in Newjersey Growing in
business from past 7yrs.
We are Currently Experiencing Growth and Hiring Software Engineers in
various skills in IT,candidates with Minimum 7 to10yrs IT experience
can apply for immediate consideration to begin the H1b visa process.
feel free to call us to discuss further or email us on
garry@findskills.com and CC to paul@findskills.com.

Hiring in following skills :

Oracle,sql and sybase dba's
C++,Unix,Java developers,
Data modellers/data architects.
SAP all modules,
Oracle financials

Prerequistes:
Engineering degree or 16yrs education plus work exp.

Note : All h1b1 processing fees will be borne Initially by the
candidate which amounts to $5,000 which will be refunded in full after
you have worked with us for 3yrs.
H1b1 fees can be checked www.uscis.gov

We also file GreenCards for deserving candidates.

Regards
garry singh
732 398 3987
President

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://seeker.dice.com/jobsearch/servlet/JobSearch?op=101&dockey=xml/b/4/b41c694589642e2204d300a107cf5f78@activejobs0&c=301&source=1

Title: Job Opening for TN Visa holders
Skills: TN Visa -Multiple Openings

Date: 6-11-2005
Location: NJ, NJ
Area code: 732

Tax term: FULLTIME CON_CORP CON_IND CON_W2 CON_HIRE_CORP CON_HIRE_IND
CON_HIRE_W2
Pay rate: 0
Length: Full Time

Position ID: A-TNvisa
Dice ID: 10111370

Job description:

We have multiple openings for candidates with TN Visa. We can sponsor
TN / H1 / Green Card for the right candidates.

If you have skills as the following:

1.SAP ( Any Module )
2.Peoplesoft / JDE
3. Documentum
4.Siebel
5. Java / J2ee Developers / architect
6. Dot Net Developers
7. Weblogic Admin / Architect
8. Progress DBA/ Developer
9. Oracle Developer / DBA
10. Unix Admin / Developer
11. Business Objects Developer
12. Datamodeler / Data Architect
13.Websphere Commerce Server

etc

Please Note: Please respond only if you need sponsorship for TN Visa /
H1 Visa and Green Card.

Please respond to :

Alfonso Hinojosa
XCEL Solutions Corp
254 Route 34, Suite #3
Matawan, NJ 07747
732-765-9235 x 116

Email: AL@xcelcorp.com

Travel required: none
Telecommute: no

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