Federal authorities, with assistance from state level 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 businesses that sponsor mainly H-1B non-immigrants, or temporary laborers in specialty occupations that require particular expertise. The companies that happen to be the subject of the investigation have stated that the foreign individuals have been brought to the U.S. to fill current vacancies. However, the companies allegedly have not always had work available for these workers, 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 jobs and locales not previously certified 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 false statements and documents were mailed or wired to state and federal government agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
U.S. firms use H-1B visas to employ foreign workers in specialised jobs that demand theoretical or technical skills 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 certain 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 admission 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).
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