Federal authorities, along 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.; as well as in South Plainfield, N.J.

This investigation involves businesses that sponsor mostly H-1B non-immigrants, or temporary staff in specialty occupations that require special expertise. The companies which have been the subject of this particular investigation have claimed that the foreign workers 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 soon after they arrive in the United States. In some cases, 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 companies and foreign employees 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 and federal agencies in support of the visa applications. The businesses are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.

U.S. firms make use of H-1B visas to employ foreign workers in niche occupations that demand theoretical or technical expertise in specific 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 specific 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 employees. Congress sets a numerical limit for the entrance of skilled workers into the U.S. The current 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).

Protect your company’s assets by engaging with an excellent H-1B attorney today.

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