Stay out of trouble by selecting the best H-1B attorney immediately.
Federal authorities, with support from state level and local law enforcement, served search warrants at locations in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; and in South Plainfield, N.J.
This particular investigation involves firms that sponsor mostly H-1B non-immigrants, or temporary staff in specialty occupations that demand particular skills. The businesses that are the subject of this specific investigation have asserted that the foreign individuals have been brought to the U.S. to fill existing vacancies. However, the companies allegedly have not always had work available for these workers, thereby placing 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 certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The businesses and foreign employees have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were sent by mail or wired to state 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. firms make use of H-1B visas to employ foreign personnel in specialty occupations that call for theoretical or technical know-how 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 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 personnel. Congress sets a numerical limit 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 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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