Federal authorities, utilizing help 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 investigation involves companies that sponsor mostly H-1B non-immigrants, or temporary workers in specialty occupations that involve particular skills. The businesses which have been the subject of the investigation have asserted that the foreign staff have been brought to the U.S. to fill existing vacancies. However, the companies allegedly have not always had positions available for these workers, thereby placing them in non-pay status once they arrive in the United States. In some cases, the foreign workers have allegedly been placed in jobs and locations not previously authorized by the Department of Labor, displacing qualified American employees and violating prevailing wage laws. The businesses and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The untrue statements and documents were sent by mail 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 use H-1B visas to employ foreign workers in specialty jobs that call for theoretical or technical competence 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 meet 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 current 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).

Be proactive by hiring a top-rated H-1B attorney immediately.