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Federal authorities, with support 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 organizations that sponsor mainly H-1B non-immigrants, or temporary laborers 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 work available for these people, thereby placing them in non-pay status soon after they arrive in the United States. In some cases, the foreign employees have allegedly been placed in positions and locales not previously authorized by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The employers 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 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 utilize H-1B visas to employ foreign workers in specialised jobs that demand theoretical or technical skills in specialized 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 employees. Congress sets a numerical limit 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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