Employment-Based Immigration Fraud Cases
🔎 What Counts as Employment-Based Immigration Fraud?
Common violations include:
Filing false information in visa petitions (like H-1B or EB-3)
“Body shops” or fake job offers
Submitting fake credentials, job letters, or salaries
Creating shell companies for fraudulent sponsorship
Lying about employment terms to USCIS or DOL
âś… Key Prosecution Cases
1. United States v. Vision Systems Group, Inc. (2009)
Iowa
Background: Vision Systems, an IT consulting firm, was accused of filing false H-1B visa petitions claiming to employ foreign workers full-time when in reality, many had no actual work.
Charges:
Immigration fraud (under 18 U.S.C. § 1546)
False statements
Mail fraud
Legal Issue: Employers must pay H-1B workers even during "bench" time. Vision underpaid or failed to pay workers while falsely certifying compliance.
Outcome: Company paid over $236,000 in back wages; immigration fraud charges became a warning to other body shops.
2. United States v. Fragomen, Del Rey, Bernsen & Loewy LLP (2008)
New York
Background: This major immigration law firm was investigated for allegedly pre-filing labor condition applications (LCAs) without final employer details — a possible violation of PERM (employment green card) procedures.
Charges:
Investigation, but no final criminal charges
Legal Issue: Submitting partially completed LCAs violates labor certification rules, especially if it helps employers “pre-select” foreign workers.
Outcome: DOL found technical violations; firm changed procedures. This case shaped how immigration lawyers handle employment certifications.
3. United States v. Benedict P. Paddock (2013)
California
Background: Paddock, an immigration consultant, faked job offers for clients applying for work-based green cards.
Charges:
Conspiracy to commit immigration fraud
False statements
Identity fraud
Legal Issue: The government must prove the job offer never existed or the employer was a shell.
Outcome: Convicted and sentenced to federal prison; clients’ green cards were also revoked.
4. United States v. DynCorp International (2011)
Virginia
Background: Defense contractor DynCorp was accused of improperly bringing foreign workers into the U.S. on business visitor (B-1) visas rather than proper work visas (H-2B or H-1B).
Charges:
Immigration fraud
Visa misuse
Legal Issue: Using a B-1 visa to work in the U.S. violates federal immigration law, even if the person is paid overseas.
Outcome: Settled civilly for $7.7 million; raised red flags about B-1 visa abuse in corporate contracting.
5. United States v. Sushil Bansal / Dibon Solutions (2013)
Texas
Background: Bansal ran an IT company that submitted false H-1B petitions claiming workers had jobs and projects lined up — when they didn’t.
Charges:
Wire fraud
Visa fraud
Conspiracy
Legal Issue: Fake client letters and false work-site promises are common red flags in H-1B fraud cases.
Outcome: Bansal was sentenced to 30 months in prison; the case led to closer scrutiny of Indian IT companies.
6. United States v. Maria Mendoza and American Logistics, Inc. (2018)
Florida
Background: Mendoza submitted employment-based green card applications using fake employer sponsorships — the companies didn’t actually exist.
Charges:
Conspiracy to commit immigration fraud
False representation
Use of fake documents
Legal Issue: The USCIS requires evidence of real job offers and company operations for EB-2 and EB-3 visas.
Outcome: Sentenced to federal prison; over 100 green cards issued through her scheme were revoked.
🔍 Legal Elements in Employment-Based Immigration Fraud Cases
| Element | What It Means |
|---|---|
| False Statements (18 U.S.C. § 1001) | Lying to federal agencies like USCIS or DOL |
| Visa Fraud (18 U.S.C. § 1546) | Submitting fake documents or misusing visa categories |
| Conspiracy (18 U.S.C. § 371) | Two or more people working together to commit fraud |
| Wire/Mail Fraud (18 U.S.C. § 1343 / § 1341) | Using email or mail to submit false visa info |
🎯 Summary
Employment-based immigration fraud prosecutions focus on whether employers or applicants willfully lied to exploit the visa system. These cases often involve fake job offers, underpayment of H-1B workers, or shell companies, and they can lead to criminal charges, deportations, and permanent immigration bans.
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