Controversial YouTube video puts sharp focus on tech job ads

Computerworld - Cisco Systems Inc. placed a help-wanted ad for a network consulting engineer in the Chicago Tribune on Sunday, June 3, and David Huber, a networking professional who lives in Chicago, was interested in the job.

The ad copy read, "No phone calls please." But Huber, a University of Chicago graduate whose prior work included being the lead LAN/WAN network engineer for NASA's aborted X-33 rocket plane project, called Cisco and asked for the person named in the ad. "Before I send my resume into a black hole, I always like to talk to the recruiter first," he said this week.

A Cisco telephone operator gave Huber the phone number of an immigration law firm in Santa Clara, Calif. "Why would I be talking with somebody at an immigration law firm about this?" he wondered.

Huber said his question was answered a couple of weeks later when he saw the controversial YouTube video that shows an attorney from a Pittsburgh law firm providing advice to employers on how to deal with government requirements for seeking U.S. workers to fill jobs before hiring foreign workers. "It seems obvious to me after that video what's going on," Huber said.

The video was posted on June 16 by the Programmers Guild, a Summit, N.J.-based professional association. It features excerpts from a series of videos that were posted previously on YouTube LLC's Web site by Pittsburgh-based law firm Cohen & Grigsby PC, and then removed. In one sequence, recorded during a hiring seminar held May 15 by Cohen & Grigsby, a lawyer from the firm says, "Our goal is clearly not to find a qualified and interested U.S. worker."

The YouTube video has clearly resonated with opponents of the H-1B visa program -- including Huber, who testified last year at a congressional hearing in Washington, where he claimed that the H-1B program was the reason a utility company laid him off in May 2003 in favor of using less expensive foreign workers.

U.S. immigration law sets advertising requirements for positions that may be filled by H-1B holders or foreign workers who are seeking green cards. In terms of the latter, the requirements -- part of the government's Program Electronic Review Management process -- include a stipulation that a help-wanted ad should appear in a Sunday newspaper. Under the PERM rules, employers must show that there are no qualified U.S. workers for the positions they're looking to fill.

But H-1B critics, such as Huber, take it as an article of faith that companies are running ads for high-tech jobs that really aren't intended for U.S. workers. Examples of suspect ads are distributed on mailing lists of H-1B opponents, and the Programmers Guild last year filed complaints with the U.S. Department of Justice claiming that about 300 IT employers were placing help wanted ads that specifically sought foreign workers with visas.