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Federal authorities, utilizing help from state level and local law enforcement, served search warrants at addresses in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; as well as in South Plainfield, N.J.
This specific investigation covers companies that sponsor mostly H-1B non-immigrants, or temporary workers in specialty occupations that demand unique expertise. The businesses 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 work available for these people, thereby placing them in non-pay status after they arrive in the United States. In some instances, 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 companies 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. firms use 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 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 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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