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Federal authorities, utilizing support 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.; and in South Plainfield, N.J.
This particular investigation involves companies that sponsor mostly H-1B non-immigrants, or temporary employees in specialty occupations that call for distinct skills. The companies that happen to be the subject of this particular investigation have claimed that the foreign workers have been brought to the U.S. to fill existing vacancies. However, the businesses allegedly have not always had work available for these people, thereby putting them in non-pay status once they arrive in the United States. In some cases, the foreign employees have allegedly been placed in positions and locations not previously authorized by the Department of Labor, displacing qualified American individuals 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 government 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 utilize H-1B visas to employ foreign employees in specialty occupations that call for theoretical or technical competence 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 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 personnel. Congress sets a numerical cap for the admission of skilled workers into the U.S. The existing 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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