Federal authorities, utilizing assistance 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 specific investigation involves firms that sponsor mostly H-1B non-immigrants, or temporary personnel in specialty occupations that call for special expertise. The companies that are the subject of this particular investigation have asserted that the foreign staff have been brought to the U.S. to fill current openings. However, the companies allegedly have not always had positions available for these workers, thereby placing them in non-pay status just after they arrive in the United States. In some cases, the foreign employees have allegedly been placed in jobs and locales not previously certified by the Department of Labor, displacing qualified American employees 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 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 use H-1B visas to employ foreign employees in niche jobs that demand theoretical or technical skills 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 meet 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 workers. Congress sets a numerical limit for the admission of skilled workers into the U.S. The present 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).

Be proactive by finding an excellent H-1B attorney right away.

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