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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.; as well as in South Plainfield, N.J.
This particular investigation looks at firms that sponsor mainly H-1B non-immigrants, or temporary workers in specialty occupations that demand specific expertise. The businesses which have been the subject of this investigation have stated that the foreign individuals 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 just after they arrive in the United States. In some cases, the foreign workers have allegedly been placed in jobs and locales 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 false statements and documents were mailed or wired to state level and federal 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 make use of H-1B visas to employ foreign employees in specialty occupations that call for theoretical or technical know-how in specialised 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 fulfill 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 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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