The indictment, in part, alleges that Vision submitted a Labor Condition Application, where employers detail prevailing wage data, for a location in Iowa "rather than the prevailing wage where the worker would actually be employed."
The indictment does not say where the H-1B employee would be employed, but from a prevailing wage perspective, location is important.
For instance, using data from the Foreign Labor Certification Data Center Online Wage Library , the prevailing wage of a computer programmer in Des Moines, for instance, ranges from $42,800 a year for a beginner to more than $71,000 a year. But in the Newark, N.J., area, a computer programmer's pay would range from $55,000 to $108,100, according to the wage calculator.
Michael Aytes, acting director of the U.S. Citizenship and Immigration Services (USCIS), said the action "is a prime example of how the Department of Homeland Security identifies fraud."
"Our adjudication officers can spot inconsistencies during the application process that ultimately lead to the successful outcome we're seeing today," said Aytes, in a statement. "Visa fraud undermines the integrity of the immigration system and I'm proud that our officers have helped to ensure that the American people and our customers can continue to depend on a reliable system."
The government arrested on conspiracy and mail fraud, Shiva Neeli in Boston, Ramakrishna Maguluri in Atlanta, Villiappan Subbaiah in Dallas, Suresh Pola, in Pennsylvania, Karambir Yadav in Louisville, Ky., Amit Justa and Venkata Guduru, both in New Jersey, and Vijay Myneni in San Jose.
Charged with conspiracy, mail fraud and wire fraud, was Vishnu Reddy, in Los Angeles, and Chockalingam Palaniappan in San Jose, who operated a company named Pacific West Corporation in Santa Clara, Calif.
Praveen Andapally in New Jersey, was charged with conspiracy, mail and wire fraud, and making a false statement in an immigration matter.
The government can charge mail and wire fraud if it believes the mail was used to send a false statement in support of a visa application.
Computerworld is an InfoWorld affiliate.