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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.; as well as in South Plainfield, N.J.
This particular investigation covers companies that sponsor mostly H-1B non-immigrants, or temporary workers in specialty occupations that call for unique skills. The businesses that happen to be the subject of this particular investigation have claimed that the foreign personnel have been brought to the U.S. to fill current openings. However, the businesses allegedly have not always had positions available for these workers, thereby placing them in non-pay status after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in jobs and locations 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 untrue 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. businesses use H-1B visas to employ foreign employees in niche occupations that call for theoretical or technical know-how in specialised job areas, 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 personnel. Congress sets a numerical limit for the entrance 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).
Stay out of trouble by engaging an excellent H-1B lawyer now.