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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 investigation covers businesses that sponsor principally H-1B non-immigrants, or temporary employees in specialty occupations that call for unique expertise. The companies that happen to be the subject of this specific investigation have stated that the foreign staff have been brought to the U.S. to fill current vacancies. However, the companies allegedly have not always had work available for these people, thereby putting them in non-pay status just after they arrive in the United States. In some cases, the foreign workers 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 businesses and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state level 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 utilize H-1B visas to employ foreign workers in specialty jobs that demand theoretical or technical know-how 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 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 cap 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 may 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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