Tag Archives: H-2B Visas

by | November 14, 2011 · 6:44 am

Hospitality Inudustry Employment Risks: Woman At Florida Staffing Company Convicted Of "Alien Smuggling And Worker Visa Fraud" In Supplying Workers To Hotels

 “…a large temporary labor staffing company based in Orlando, which supplied temporary labor to numerous businesses in the hotel and hospitality industries throughout Florida and the United States…”

“… They also submitted fake hotel contract agreements to conceal their activities and falsely reported that U.S. workers had been hired when they had not…”

A federal jury found a Brazilian woman residing in Orlando guilty of alien smuggling and conspiracy to commit alien smuggling and worker visa fraud on Monday, following an investigation that began with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Rafaela Dutra Toro, 30, faces a maximum penalty of 10 years in federal prison. She was indicted on Jan. 26. Her sentencing hearing has not yet been scheduled.

 “The individuals involved in this case orchestrated a very large and very complex visa fraud ring. They took jobs away from U.S. citizens and others who are legally allowed to work in this country by knowingly employing people who were not authorized to work in the United States,” said Susan McCormick, special agent in charge of HSI in Tampa. “Through cases like this one, HSI is helping to protect our economy and preserve job opportunities from being lost due to fraud.”

Toro is a citizen of Brazil and will be subject to removal from the United States after serving her sentence. According to evidence presented at trial, Toro worked for VR Services, a large temporary labor staffing company based in Orlando, which supplied temporary labor to numerous businesses in the hotel and hospitality industries throughout Florida and the United States. The scheme allowed Toro and her co-conspirators to set up a permanent foreign labor pool that hired illegal alien workers across the United States in jobs that would normally have been filled by United States citizens. As part of the conspiracy, Toro and her co-conspirators submitted false documentation to the government and manipulated the H-2B foreign worker visa process. They also submitted fake hotel contract agreements to conceal their activities and falsely reported that U.S. workers had been hired when they had not.

For more:  http://www.laht.com/article.asp?ArticleId=443603&CategoryId=14090

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by | August 28, 2010 · 9:07 am

Hospitality Industry Employment Risk: Management Must Insure Compliance With H-2B Visa Program Requirements And Fair Labor Standards Act

 “…the hospitality industry is “always on the radar” for potential violations because it employs large numbers of H-2B and younger workers…”

In June and July, employment law firms began issuing legislative alerts to hospitality industry clients, warning them of plans by Wage and Hour Division officials to launch investigations of the hotel and motel industry beginning Oct. 1.

These investigations will center on compliance with H-2B visa program requirements and the Fair Labor Standards Act. The H-2B visa program allows businesses needing one-time, seasonal, peak-load, or intermittent staffing to use foreign workers as temporary labor.

Dolores Quesenberry, a spokeswoman for the N.C. Department of Labor, told Carolina Journal that she was unaware of any increased complaints, but did say the hospitality industry is “always on the radar” for potential violations because it employs large numbers of H-2B and younger workers.

Paul Stone, president of North Carolina Restaurant and Lodging Association, told CJ that the lodging and restaurant industry is North Carolina’s second largest employer, with approximately 500,000 workers, accounting for 10 percent of the state’s total workforce. Of the 1,600 hotels in North Carolina, only a few employ H-2B workers, Stone said, mostly because the program is so restrictive. Before hiring an H-2B worker, for example, an employer must certify there are no domestic applicants qualified for the position.

Stone wonders why hospitality employers are being targeted with the economy mired in recession. Wage and hour audits and similar investigations disrupt operations and increase costs, especially if an employer has to engage outside counsel or auditors, said Stone.

For more:  http://www.lincolntribune.com/modules/news/article.php?storyid=20513

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