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Federal authorities, along with assistance from state 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.
This specific investigation looks at businesses that sponsor predominantly H-1B non-immigrants, or temporary workers in specialty occupations that demand unique expertise. The companies that are the subject of this specific investigation have stated that the foreign staff 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 putting them in non-pay status just after they arrive in the United States. In some instances, the foreign employees have allegedly been placed in jobs and locales not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The employers and foreign employees have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state and federal government agencies in support of the visa applications. The businesses are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
U.S. firms utilize H-1B visas to employ foreign workers in specialised jobs that require theoretical or technical competence in specialised 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 certain 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 employees. Congress sets a numerical cap 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 can work in the United States for three years, with an option for an additional three years (for a maximum of six years).
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