Federal authorities, with assistance 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.; and in South Plainfield, N.J.
This specific investigation looks at businesses that sponsor mostly H-1B non-immigrants, or temporary staff in specialty occupations that demand particular expertise. The companies which have been the subject of the investigation have stated that the foreign employees have been brought to the U.S. to fill existing openings. However, the companies allegedly have not always had jobs available for these workers, thereby putting them in non-pay status after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in positions and locales not previously certified by the Department of Labor, displacing qualified American employees and violating prevailing wage laws. The companies and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false 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. businesses make use of H-1B visas to employ foreign employees in niche jobs that call for theoretical or technical competence 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 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 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 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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