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Federal authorities, with help 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.
This investigation involves organizations that sponsor principally H-1B non-immigrants, or temporary personnel in specialty occupations that demand specific skills. The businesses that happen to be the subject of the investigation have asserted that the foreign staff have been brought to the U.S. to fill existing vacancies. However, the companies allegedly have not always had jobs available for these people, thereby placing them in non-pay status just after they arrive in the United States. In some instances, the foreign employees have allegedly been placed in positions and locations not previously certified by the Department of Labor, displacing qualified American individuals and violating prevailing wage laws. The employers and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The untrue statements and documents were sent by mail or wired to state level and federal 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 niche occupations that require theoretical or technical expertise in specialized 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 workers. Congress sets a numerical cap for the entrance 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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