Federal authorities, utilizing support from state level and local law enforcement, served search warrants at addresses in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; as well as in South Plainfield, N.J.
The investigation looks at companies that sponsor primarily H-1B non-immigrants, or temporary staff in specialty occupations that involve particular expertise. The businesses that are the subject of this specific investigation have claimed that the foreign employees have been brought to the U.S. to fill existing openings. However, the companies allegedly have not always had jobs available for these people, thereby placing them in non-pay status after they arrive in the United States. In some instances, the foreign employees have allegedly been placed in positions and locales not previously authorized by the Department of Labor, displacing qualified American individuals and violating prevailing wage laws. The employers and foreign employees have allegedly submitted false statements and documents in support of their visa petitions. The untrue statements and documents were mailed or wired to state and federal agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
U.S. businesses make use of H-1B visas to employ foreign employees in specialised occupations that demand theoretical or technical competence in specialized 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 adversely impacted, while the DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers. Congress sets a numerical limit for the admission of skilled workers into the U.S. The existing H-1B cap is set at 65,000 per fiscal year. H-1B aliens may work in the United States for three years, with an option for an additional three years (for a maximum of six years).
Be proactive by engaging the right H-1B lawyer immediately.