Federal authorities, with support from state and local law enforcement, served search warrants at locations in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; and in South Plainfield, N.J.
The investigation covers businesses that sponsor mainly H-1B non-immigrants, or temporary employees in specialty occupations that call for special skills. The businesses which have been the subject of this particular investigation have stated that the foreign employees have been brought to the U.S. to fill existing openings. However, the companies allegedly have not always had work available for these workers, thereby placing them in non-pay status once they arrive in the United States. In some instances, the foreign employees have allegedly been placed in positions and locales not previously certified by the Department of Labor, displacing qualified American employees and violating prevailing wage laws. The companies 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 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 employees in specialised jobs that require theoretical or technical skills 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 meet 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 personnel. Congress sets a numerical limit for the entrance of skilled workers into the U.S. The current 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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