Federal authorities, with help from state and local law enforcement, served search warrants at addresses in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; and in South Plainfield, N.J.
This particular investigation covers organizations that sponsor mainly H-1B non-immigrants, or temporary workers in specialty occupations that demand special expertise. The businesses which have been the subject of this specific investigation have asserted that the foreign employees have been brought to the U.S. to fill current openings. However, the companies allegedly have not always had work available for these workers, thereby placing them in non-pay status soon after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in positions and locations not previously certified by the Department of Labor, displacing qualified American employees 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 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. businesses use H-1B visas to employ foreign employees in specialty occupations that demand theoretical or technical know-how 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 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 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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