Federal authorities, utilizing support from state level 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 investigation involves businesses that sponsor principally H-1B non-immigrants, or temporary employees in specialty occupations that call for unique expertise. The businesses that happen to be the subject of this particular investigation have stated that the foreign workers have been brought to the U.S. to fill existing openings. However, the businesses allegedly have not always had work available for these people, thereby placing them in non-pay status 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 workers and violating prevailing wage laws. The businesses 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 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. businesses make use of H-1B visas to employ foreign personnel in specialised occupations that call for theoretical or technical skills in specific 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 adversely impacted, while the DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B personnel. Congress sets a numerical cap for the admission 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).

Stay out of trouble by selecting an excellent H-1B lawyer today.