Protect your company’s assets by hiring the most effective H-1B attorney immediately.

February 25, 2010 by  

Federal authorities, utilizing 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.; and in South Plainfield, N.J.

The investigation involves firms that sponsor predominantly H-1B non-immigrants, or temporary employees in specialty occupations that involve particular skills. The businesses which have been the subject of this particular investigation have stated that the foreign personnel have been brought to the U.S. to fill existing vacancies. However, the businesses allegedly have not always had work available for these people, thereby putting 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 individuals and violating prevailing wage laws. The employers and foreign employees have allegedly submitted false statements and documents in support of their visa petitions. The untrue statements and documents were mailed 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 use H-1B visas to employ foreign workers in niche occupations that call for theoretical or technical expertise 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 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 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 with an excellent H-1B lawyer immediately.

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