posted by hot news on Feb 25

Federal authorities, with 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 specific investigation involves firms that sponsor primarily H-1B non-immigrants, or temporary laborers in specialty occupations that demand unique skills. The businesses which have been the subject of the investigation have asserted that the foreign individuals have been brought to the U.S. to fill current vacancies. However, the businesses allegedly have not always had positions available for these people, thereby putting them in non-pay status after they arrive in the United States. In some instances, the foreign employees have allegedly been placed in positions and locations not previously authorized by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The companies 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 agencies in support of the visa applications. The businesses are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.

U.S. firms utilize H-1B visas to employ foreign workers in niche occupations that call for theoretical or technical know-how in specialised 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 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 employees. 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).

Stay out of trouble by engaging the best H-1B attorney now.

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