Criminal charges have been filed against two executives whose employees were granted H-1B visas and subsequently placed with other employers, committing visa fraud. Their company, a computer chip design company, made $7 million to cover H-1B salary as well as profits as a result of placing their employees at other employers. Roughly 85 H-1B visas were granted between 2011 and April 2017.
Specialty visas are applied for through the U.S. Department of Labor. Visas are granted based on detailed information, including employer, work to be done, job duration, and other details. Any departure from the specifics of the granted H-1B requires providing detailed information to U.S. Citizenship and Immigration Services (USCIS) or the visa can be withdrawn.
The indictment stated the execs knowingly misrepresented the information. Visa applications submitted claimed the individuals would be working with their company. However, the individuals were placed with other employers. As a result, they created an unfair advantage to existing employee-placement services.
The execs are charged with conspiracy to commit visa fraud and visa fraud. Additional charges were filed for money laundering. The prosecution states they will seek a return of the $7 million paid to their firm from other employers. The conspiracy to commit visa fraud is punishable for up to five years of imprisonment. Each count of visa fraud and money laundering is punishable for up to 10 years in prison.
Compliance is key to protecting your company, your employees, and your visa holders. If you have questions about the H-1B specialty visa or compliance with immigration, contact us at any time. We put our expertise and experience to work for you to ensure you get the right advice.
