Federal authorities, along with help from state and local law enforcement, served search warrants at locations in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; as well as in South Plainfield, N.J.
This specific investigation covers organizations that sponsor mostly H-1B non-immigrants, or temporary workers in specialty occupations that require specific expertise. The companies which have been the subject of this particular investigation have asserted that the foreign personnel have been brought to the U.S. to fill current openings. However, the companies allegedly have not always had positions available for these people, thereby placing them in non-pay status soon after they arrive in the United States. In some instances, the foreign employees have allegedly been placed in jobs and locations not previously certified by the Department of Labor, displacing qualified American individuals and violating prevailing wage laws. The businesses and foreign employees have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were sent by mail or wired to state and federal agencies in support of the visa applications. The businesses are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
U.S. businesses utilize H-1B visas to employ foreign workers in specialty occupations that call for theoretical or technical competence in specific fields, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to fulfill specific labor conditions to ensure that American workers are not negatively impacted, while the DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B employees. Congress sets a numerical limit for the entrance of skilled workers into the U.S. The present H-1B cap is set at 65,000 per fiscal year. H-1B aliens can work in the United States for three years, with an option for an additional three years (for a maximum of six years).
Protect your company’s assets by selecting an excellent H-1B attorney immediately.