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Federal authorities, with support from state and local law enforcement, served search warrants at locations in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; as well as in South Plainfield, N.J.
This specific investigation involves organizations that sponsor predominantly H-1B non-immigrants, or temporary employees in specialty occupations that require specific skills. The companies that are the subject of this specific investigation have claimed that the foreign personnel have been brought to the U.S. to fill current vacancies. However, the companies allegedly have not always had jobs 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 locations not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The businesses and foreign workers 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 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 make use of H-1B visas to employ foreign workers in specialised occupations that require theoretical or technical skills in specific 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 fulfill certain 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 workers. 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 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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Uncategorized | BlogToday March 4, 2010