Category: Visa Fraud

Reporting Suspected H-1B Fraud or Abuse

We have established an email address dedicated to receiving information about suspected H-1B fraud or abuse. When submitting information, please provide the following information in the email:

  • The name of the H-1B petitioning employer/company
  • The address of the employer/company or location of the H-1B worker(s), including the city and state
  • A description of the alleged violation, abuse, or suspected fraud
  • Your email address
  • Your name and phone number (optional)
  • Any other information that may be useful to investigate the alleged fraud or abuse

Anyone (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential H-1B fraud or abuse. Please write us at ReportH1BAbuse@uscis.dhs.gov

Individuals are also encouraged to report allegations of employer fraud and abuse by submitting a Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division. The public may also contact U.S. Immigration and Customs Enforcement (ICE) by completing the HSI Tip Form.

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program?fbclid=IwAR3vHOV_sl2XKpPilBBwVIkm82ehNNZqlfqN8xLak2Rr2ZicbbQ_eVEml7k

 

Combating Fraud and Abuse in the H-1B Visa Program

The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Employers who abuse the H-1B visa program may negatively affect U.S. workers, decreasing wages and opportunities as they import more foreign workers.

Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS. USCIS continuously works to deter and detect fraud in all immigration programs and we are furthering our efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process.

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program?fbclid=IwAR3vHOV_sl2XKpPilBBwVIkm82ehNNZqlfqN8xLak2Rr2ZicbbQ_eVEml7k

 

In fact, there were no software engineer positions available at the benefits company

Since 2007, Kavuru was the owner and chief executive officer of four consulting companies. He is accused of submitting fraudulent documents to both the Department of Labor and the Department of Homeland Security, containing details of bogus work projects awaiting the foreign workers.

Because many of the applications were ultimately approved, the Indian-American had a pool of unemployed H-1B beneficiaries that were immediately available for legitimate work projects, giving him a competitive advantage over other staffing companies that followed the sometimes-lengthy visa-application process, federal prosecutors said.

As part of the scheme, Kavuru required some prospective workers to pay thousands of dollars in cash before he would prepare and submit the visa applications. He also required some workers to wait unpaid, sometimes for months, to be placed at an end-client’s workplace, the Department of Justice said in a statement.

https://www.thehindu.com/news/international/indian-american-arrested-in-silicon-valley-over-h1b-visa-fraud/article25409906.ece?utm_source=quora&utm_medium=referral&fbclid=IwAR1eQrJ7cS0jOOYcNg2bTfUMLU2Laaa1sulfkrYhqhfPw7TTl3PkZV-PV3M

 

Samal is accused of submitting, and directing employees to submit, fake documents purporting to show corporate clients agreeing to use workers named in H-1B applications.

“The forged documents included forged letters and fraudulent statements of work, which appeared as if they had been signed by senior executives at the two clients,” the department alleged.

The submitted documents falsely attested that the H-1B visas were for “specialty occupations,” according to an allegation in court documents.

Once U.S. Citizenship and Immigration approved the applications, the workers in question were “benched” — kept unpaid pending possible placement in a client firm of one of Samal’s companies, the department alleged.

“Nearly 200 workers may have been brought in under the phony applications,” the department alleged.

“The employees were forced to pay Samal’s companies a partially-refundable ‘security deposit’ of as much as $5,000 for the visa filings, regardless of whether they were assigned to any projects that provided them with income.”

https://www.mercurynews.com/2018/09/03/h-1b-fraud-indian-ceo-in-u-s-may-have-brought-in-nearly-200-foreign-workers-feds/

 

America, your laws do not concern me…

Yuchun “Bruce” Mao, 39, a citizen of the People’s Republic of China, was indicted on one count of conspiracy to commit commodities fraud, two counts of commodities fraud and two counts of spoofing.  Kamaldeep Gandhi, 36, of Chicago, was charged by criminal information with two counts of conspiracy to engage in wire fraud, commodities fraud and spoofing.  Krishna Mohan, 33, of New York, New York, was charged by criminal information with one count of conspiracy to engage in wire fraud, commodities fraud, and spoofing.

https://www.justice.gov/opa/pr/three-traders-charged-and-two-agree-plead-guilty-connection-over-60-million-commodities-fraud

 

A US tech company promised its H-1B workers $8,000 a month but paid them $800

On May 02, the US Department of Labor said it had found Cloudwick Technologies, a California-based IT services company, guilty of severely underpaying its workers hired on the long-term H-1B visas. The verdict was announced after a month-long investigation by the labour department’s Wage and Hour Division (WHD).

“WHD investigators found that the company paid impacted employees well below the wage levels required under the H-1B program based on job skill level, and also made illegal deductions from workers’ salaries,” the labour department said in a press release. “…some of the H-1B employees that Cloudwick brought from India with promised salaries of up to $8,300 (Rs5.5 lakhs) per month instead received as little as $800 net per month.”

https://qz.com/india/1268241/h-1b-visa-abuse-a-california-company-promised-its-foreign-workers-8000-and-paid-them-800/

 

USCIS Helps Secure Conviction in Albany County Visa Fraud Case

ALBANY, N.Y. –U.S. Citizenship and Immigration Services (USCIS) assisted in the investigation that led to a successful jury vote on Wednesday to convict Dalia Lita, age 55, of Latham, N.Y.; Elina Rahman, age 45 of Watervliet, N.Y.; and Lubna Rahman age 45, of Watervliet, of conspiracy to commit visa fraud by submitting false information to the U.S. government in order to obtain immigrant visas.

The announcement was made by U.S. Attorney Grant C. Jaquith, and Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE).

USCIS Fraud Detection and National Security officers in Albany assisted ICE special investigators by confirming and identifying fraud in these cases. USCIS officers also researched and reviewed files and prepared immigration timeline reports for the investigation.

Evidence presented during the 3-day trial established that in 2001, Lita filed petitions for her sisters Elina and Lubna with USCIS, knowing that those petitions contained false statements meant to conceal their true identities and prior, illegal residence in the U.S.  In addition, as part of the criminal conspiracy, Elina and Lubna Rahman filed applications for family-based immigrant visas in 2012, knowing that the applications also contained the same false statements.  Based on the false information the sisters provided, Elina Rahman and Lubna Rahman were issued immigrant visas when they were otherwise ineligible to enter the U.S.

Each of the sisters faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years when they are sentenced on Jan. 14, 2019 by Senior U.S. District Judge Thomas J. McAvoy.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant was charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by HSI and prosecuted by Special Assistant U.S. Attorney Jason W. White.

For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis) and Facebook (/uscis).

https://www.uscis.gov/news/news-releases/uscis-helps-secure-conviction-albany-county-visa-fraud-case